ZXC & Ors -v- Mid and South Essex NHS Foundation Trust (anonymity order)

King's Bench DivisionAnonymity Order

Case No: QB-2022-000410

IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION
CLINICAL NEGLIGENCE

Date: 08/06/2022

Before:
Mr Justice Soole

Between:
(1) ZXC
(2) PQR (A CHILD BY HER FATHER AND LITIGATION FRIEND JKL)
(3) JKL (IN HIS OWN RIGHT AND AS EXECUTOR OF THE ESTATE OF RPF, DECEASED)
-v-
MID AND SOUTH ESSEX NHS FOUNDATION TRUST

FURTHER ANONYMITY ORDER

BEFORE Mr Justice Soole sitting at the Royal Courts of Justice on 8 June 2022;
UPON the Part 8 Claim Form, issued on 8 February 2022, seeking approval pursuant to CPR r.21.10 of the settlement of the claims brought on behalf of the Claimants against the Defendant;
AND UPON the Claimants applying by application notice dated 6 May 2022 to add the Third Claimant as a party to the claim pursuant to r.19.4 CPR and amend the Claim Form accordingly pursuant to r.17.3;
AND UPON –
(A) the Court having, on 27 April 2022, made an Anonymity Order in respect of the First and Second Claimants and the Second Claimant’s Litigation Friend;
(B) the said order having been published on 28 April 2022 on the judicial website of the High Court of Justice (www.judiciary.uk) and being available at https://www.judiciary.uk/judgments/zxc-ors-v-mid-and-south-essex-nhs-foundation-trust-anonymity-order/; and
(C) the Claimants applying for an Anonymity Order in respect of the Third Claimant and the deceased estate which he represents;
AND UPON hearing Ben Rodgers of counsel on behalf of the Claimants;
AND UPON reading the witness statement of Stephanie Kathryn Prior dated 12 April 2022;
AND UPON it being recorded that no representations were made by any member of the press;
AND UPON the Defendant indicating its neutrality to the making of a further Anonymity Order;
AND UPON consideration of the Claimants’ Article 8 right to respect for 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 Claimants and the Deceased is necessary in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure;
AND PURSUANT to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1988 and CPR Rules 5.4A to 5.4D and CPR Rule 39.2(4);
AND FURTHER to the Anonymity Order dated 27 April 2022;

IT IS ORDERED THAT:-
1. The Claimants may amend the Claim Form by substituting for it the draft attached to the application dated 6 May 2022.
2. The Claimants do file and serve the Amended Claim Form by 4pm on 15 June 2022.
3. The identity of the Third Claimant and of the deceased person whose estate he represents (“the Deceased”) as parties to these proceedings is protected and shall not be published.
4. The Third Claimant and the Deceased shall 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 or other publication whether by the press or others and by whatever medium as follows:
a. The Third Claimant shall be referred to as “JKL.”
b. The Deceased shall be referred to “RPF.”
5. The relevant names on CE-File shall be anonymised in accordance with the preceding paragraph.
6. In so far as necessary, any statement of case or other document disclosing the Third Claimant’s name or address or the name of the Deceased already filed in the proceedings shall be replaced by a document describing such name or address in anonymised form as above.
7. The original of any such document disclosing the name or address of the Third Claimant or the name of the Deceased is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
8. 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 Master or District Judge. Any application for such permission must be made on notice to the Claimants, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
9. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Third Claimant or the Deceased. The publication of the name and address of the Third Claimant or of any member of the Claimants’ immediate family or the name of the Deceased is prohibited.
10. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and an anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of an anonymised party or the investment or treatment of payment out of such money;
b. to communications between the Court Funds Office and/or an anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
c. to records kept by the Court Funds Office or an anonymised party or Litigation Friend or any such financial institution in relation to such money.
11. The Claimants’ solicitors do by 4pm on 15 June 2022 draw and file this Order and serve the same on the Defendant.
12. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
13. 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 this Order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
14. Costs in the case.
Dated this 8 day of June 2022