DMU -v- East and North Hertfordshire NHS Trust Lister Hospital (anonymity order)
Claim No.: QB-2022-002614
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 18/08/2022
Before:
Master Cook
BETWEEN
DMU (A Child Proceeding by her Mother and
Litigation Friend WLS)
-v-
East and North Hertfordshire NHS Trust Lister
Hospital
ANONYMITY ORDER
UPON the application of the Claimant.
(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 and that there is no sufficient countervailing public interest in
disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being
no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the
Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
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 [BY CONSENT] THAT:
1. The identity of the Claimant as a party to these proceedings is confidential and
shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these
proceedings or other publication the name or address of the Claimant, the
Claimant’s Litigation Friend or other immediate family members, or any details
(including other names, addresses, or a specific combination of facts) that could
lead to the identification of DMU as the Claimant in these proceedings. The
Claimant and the Litigation Friend shall 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 shall be referred to as “DMU”.
(ii) The Litigation Friend shall be referred to as “WLS”.
(iii) Any other details which, on their own or together with other information
publicly available, may lead to the identification of the Claimant
(including any names of other immediate family members or their
addresses) shall be redacted before publication.
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
r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other
document or communication, such application shall be on at least 7 days’
notice to the Claimant’s solicitor, trustee or deputy.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the
statements of case that has been anonymised in accordance with paragraph 3
above by 21 days from date of the order, and re-filed in the event that any
statement of case is amended, within 21 days of such amendment being
approved.
6. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on [date of this Order] 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.”
7. Any interested party, whether or not a party to the proceedings, may apply to the
Court to vary or discharge this Order, provided that any such application is made
on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
Orders’ issued by the Master of the Rolls dated 16 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.
9. Provided that the parties and/or their advisors and/or any Trustee appointed for
the Claimant and/or the NHS Litigation Authority do not publish any documents
containing references to those mentioned in paragraph 1 above by name, the
parties are at liberty to retain their files in this case without alteration or
substitution and to retain and generate documentation which identifies those
people for the purposes of their continuing professional rights and obligations
under this clinical negligence claim and paragraph 1 shall not apply in those
respects.
10. The costs of obtaining this order be costs in the case.
SERVICE OF THE ORDER