VM -v- Chelsea and Westminster Hospital NHS Foundation Trust and others (anonymity order)

County CourtAnonymity Order

Claim Number: K05EC993

In the County Court at
Clerkenwell & Shoreditch

21 March 2024

Before:
District Judge Jeffs

Between:

VM (A child by her Father and Litigation Friend, MM)

-v-

(1) Chelsea and Westminster Hospital NHS Foundation Trust

(2) Royal Brompton and Harefield NHS Foundation Trust

Anonymity Order

BEFORE District Judge Jeffs on 20 March 2024 at the County Court at Clerkenwell and Shoreditch, The Gee
Street Courthouse, 29-41 Gee Street, London, EC1V 3RE

UPON hearing Miss Susanna Bennett, Counsel for the Claimant

AND UPON the Court having given permission to amend the title of the action to anonymise the Claimant and
their Litigation Friend, the Certificate of Suitability having been signed on 26 September 2023 by MM

AND UPON

  1. Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10
    right to freedom of expression.
  2. It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration
    of justice and in order to protect the interests of the Claimant
  3. The Defendants indicating neutrality to the making of the order and there being no representations from the
    press or any other interested party

AND PURSUANT to Section 11 of the Contempt of Court Act 1991 and/or section 6 of the Human Rights
Act 1998; and the CPR 5.4C, 5.4D and 39.2(4)

IT IS ORDERED THAT:

  1. The identity of the Claimant and their Litigation Friend in these proceedings is protected and shall not be
    published
    For this purpose:
    (i) ‘Publication’ includes any speech, writing, broadcast or other communication in whatever form, which is addressed to the public at large or any section of the public;
    (ii) Publication of any name, address, picture or other information that could lead to identification of VM and as the Claimant in these proceedings is prohibited.
  2. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these proceedings the name or address
    of the Claimants or any details that could lead to the identification of VM as the Claimant in these proceedings.
    The Claimants should be referred to as set out at paragraph 3 of this order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant should be referred to as “VM” and
    (ii) The Claimant’s Litigation Friend should be referred to as “MM”;
  4. Pursuant to CPR rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above;
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR rule 5.4C(1B) or (2) for permission
    to inspect or obtain a copy of any document or communication, such application shall be on at least 7 days’ notice to the Claimants’ Solicitor.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 20 March
    2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with
    in accordance with the terms of that Order.”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this
    Order, providing that any such application is made on notice to the Claimants’ Solicitor, and that 7 days’ prior
    notice of the intention to make such an application is given.
  7. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute
    publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the
    confidentiality of information from being made public):
    (i) Communications between the Court Funds Office and the anonymised parties in relation to the payment of
    money into the Court Funds Office for the benefit of the anonymised parties or the investment or treatment
    of payment out of such money;
    (ii) Communications between the Court Funds Office, the Claimants’ and Infant Dependants’ representatives, or
    any financial institution concerned as to the receipt or investment of such money;
    (iii) Records kept by the Court Funds Office, the Claimants’ and Infant Dependants’ representatives, or any
    financial institution concerned as to the receipt or investment of the Claimants’ and Infant Dependants’ money;
    (iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their
    continuing functions and obligations in relation to the proceedings.
  8. Pursuant to the ‘Practice Guidance: Publication Privacy and Anonymity Orders’ issued by the Master of the
    Rolls on 17th April 2019 a copy of this order shall be published on the Judicial Website of the High Court of
    Justice (www.judiciary.uk). For that purpose a court officer will send a copy of the order by email to the Judicial
    Office at judicialwebupdates@judiciary.uk.

DATED 20 March 2024