XXX-v- AAA NHS Foundation Trust (anonymity order)

Judgment

Claim no. QB-2017-000065

(formerly Claim No: HQ17CO4677)

In the High Court of Justice

Queen’s Bench Division

19 May 2020

Before:

Master Eastman

Between:

XXX (on her behalf and on behalf of her children YYY and ZZZ)

-and-

AAA NHS Foundation Trust

 

BEFORE Master Eastman sitting by telephone hearing on 5 May 2020
WHEREAS the Claimant is bringing this litigation on her behalf, and also on behalf of her children YYY and ZZZ, and has applied for approval of a proposed settlement of her claim in respect of quantum.
UPON HEARING William Latimer-Sayer, one of Her Majesty’s Counsel, on behalf of the Claimant and Jonathan Holl-Allen, another of Her Majesty’s Counsel, on behalf of the Defendant.
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application.
AND UPON consideration of the Claimant and her children’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
CLAIM NO. QB-2017-000065
(formerly Claim No: HQ17CO4677)
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and her children is necessary in order to protect the interests of the Claimant and her children.
AND UPON IT APPEARING that non-disclosure of the identity of the Defendant is necessary
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules and s.39 of the Children and Young Persons Act 1933.
IT IS ORDERED THAT:
1. The proceedings shall be anonymised as follows:-
(a) Pursuant to CPR Rule 5.4c, Rule 5.4d and Rule 39.2(4), there shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, references to her will be XXX.
(b) Pursuant to CPR Rule 5.4c, Rule 5.4d and Rule 39.2(4), there shall be substituted for all purposes of this case, in place of reference to the Claimant’s children who are aged 9 years and 5 years, by name whether orally or in writing, references to them will be YYY and ZZZ.
(c) Pursuant to CPR Rule 5.4c, Rule 5.4d and Rule 39.2(4), there shall be substituted for all purposes of this case, in place of reference to the Defendant Trust by name whether orally or in writing, or details of any of its staff or others, references to the Trust or others will be AAA.
(d) A non-party may not inspect or obtain a copy statement of case or document from the Court file, without permission of the Court. Any application for such permission should be made on notice to the Claimant and in accordance with CPR 5.4C(6). Any non-party seeking to obtain documents relating to the Claimant’s case must obtain specific written consent from the Claimant and from the Court before access is granted.
(e) A non-party may not obtain a copy statement of case or documents from the Court file unless it has been anonymised in accordance with this Direction and there has been redacted any information which might identify the Claimant, the Claimant’s children or any other immediate family members or the Defendant.
(f) There shall be no publication or disclosure of any name, address or information tending to identify the Claimant, the Claimant’s children or any other immediate family members or the Defendant.
2. The provisions of this Order shall not apply to:-
(a) Communications between the Court Funds Office and XXX in relation to the payment of money into the Court Funds Office for the benefit of YYY or ZZZ, or the investment or treatment of payment out of such money;
(b) Communications between the Court Funds Office and/or XXX and any financial institution concerned as to the receipt or investment of such money;
(c) Records kept by the Court Funds Office or XXX or any such financial institution in relation to such money.
3. Any party affected by this order may apply on notice to all parties to have this order set aside or varied.
4. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as XXX, and her children referred to as YYY and ZZZ; and the Defendant shall be referred to as AAA.
Dated: 7th May 2020