ZFI and others -v- Mid-Yorkshire Teaching NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No. QB-2021-004029

In the High Court of Justice
King’s Bench Division

7 October 2024

Before:

HHJ Shetty

Between:

(1) ZFI (by her mother and litigation friend, ZLF)

(2) ZLF

(3) CZF (deceased) (by his executors, ZLF and SFO)

-v-

Mid-Yorkshire Teaching NHS Trust

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ANONYMITY ORDER

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BEFORE HHJ Shetty sitting as a Judge of the High Court at the Royal Courts of Justice, Strand, London

UPON HEARING Mr Michael Mylonas KC on behalf of the First Claimant and Mr Pritesh Rathod on behalf of the Defendant

AND UPON the Court noting the stay of proceedings dated 22 December 2021, in respect of the Second and Third Claimant’s claims

AND UPON consideration of the First Claimant’s Article 8 right to respect of private and family life and the Article 10 right to freedom of expression

AND UPON IT APPEARING that non-disclosure of the identity of the First, Second and Third Claimants is necessary in order to protect the interests of the First Claimant

AND PURSUANT to rule 39.2(4) of the CPR, section 11 of the Contempt of Court Act 1981, and rules 5.4C and 5.4D of the CPR

WHEREAS for the purposes of this order:

(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.

(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED:

  1. That the identity of the Claimants shall not be disclosed.
  2. That the First Claimant, the Litigation Friend/Second Claimant and the Third Claimant and the Third Claimant’s second Executor (his sister SFO) be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as follows:

    a. First Claimant: “ZFI”
    b. Litigation Friend/Second Claimant: “ZLF”
    c. Third Claimant: “CZF”
    d. Third Claimant’s Second Executor: “SFO”
  3. That the address of the First Claimant and the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Judge or Master of the King’s Bench Division. Any application for such permission must be made on notice to the First Claimant and the Court will affect service. The file is to be retained by the Court and marked “Anonymised”.
  5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the First Claimant as a party to proceedings. The publication of the name and address of the First Claimant or of any member of the First Claimant’s immediate family or the name and address of the Litigation Friend is prohibited. No report of anything said at the Approval Hearing pursuant to CPR rule 21.10 shall be a breach of this Order.
  6. That nothing in this Order shall prevent the First Claimant, the Litigation Friend, or the parties’ legal advisers from making such disclosure to medical, expert, or financial specialists as may be required in relation to the further conduct of the First Claimant’s claim.
  7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Dated the 7th of October 2024