Zeromska-Smith v United Lincolnshire Hospitals NHS Trust: QBD 8 Mar 2019

The Claimant sought damages for psychiatric injury arising out of the stillbirth of her daughter, and contended that if distressing details about the stillbirth and her subsequent mental illness were publicly reported, then that would further damage her mental health and her relationships with her family.
Held: The Court refused to grant an anonymity order to a mother in a clinical negligence case claiming psychiatric injury following the stillbirth of her first child. While the judgment recorded that the case would involve ‘exploration of intimate details of the Claimant’s private and family life, her psychiatric condition and her relationship with her two young children’, an anonymity order was nevertheless refused on the basis that those considerations did not outweigh the open justice principle and the interests of the press in reporting the proceedings.

Martin Spencer J
[2019] EWHC 552 (QB), [2019] Med LR 250
England and Wales
Cited by:
See AlsoZeromska-Smith v United Lincolnshire Hospitals NHS Trust QBD 16-Apr-2019
The Claimant seeks damages for psychiatric injury arising out of the stillbirth of her daughter. Breach of duty is admitted, as is some damage arising out of the breach of duty. In those circumstances, judgment has been entered for the Claimant and . .
CitedXXX v Camden London Borough Council CA 11-Nov-2020
Anonymity in Court Proceedings – No two stage test
XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought . .
CitedImam, Regina (on The Application of) v The London Borough of Croydon (Anonymity request) Admn 26-Mar-2021
Anonymity Not Necessary under CPR 3.92.
Judgment on the Claimant’s application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .
CitedMoney v AB ChD 10-Nov-2021
Anonymity – balance in favour of open justice
Ruling on an application by the Defendant for anonymity.
Held: Refused: ‘The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 17 November 2021; Ref: scu.634343