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R -v- Southend, Basildon & Thurrock University Hospitals – anonymity order published under CPR 39.2(5)

Claim No: CO/1321/2019

In the High Court of Justice
Queen’s Bench Division
Administrative Court

21 May 2019

Before:

Mr Justice Kerr

Between:

The Queen on the application of
ERA

-v-

(1) Basildon & Thurrock University Hospitals NHS Foundation Trust
(2) Southend University Hospitals NHS Foundation Trust

 


ORDER APPROVED BY MR JUSTICE KERR 

Before Mr Justice Kerr sitting at the Royal Courts of Justice, London, WC2A 2LL

UPON considering the Claimant’s application for anonymity and supporting witness statements of Mr Hundt of Deighton Pierce Glynn

AND UPON consideration of the Claimant’s 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 Claimant is necessary in order to protect the interests of the Claimant

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

AND NOTING rule 39.2(5) of the Civil Procedure Rules which provides for a copy of this Order to be published on the website of the Judiciary of England and Wales

AND NOTING that the judgment of the court given on 16 May 2019 (with the Claimant referred to as ERA) is publicly available

IT IS ORDERED THAT:

  1. The identity of the Claimant be not disclosed.
  2. The Claimant 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 “ERA”.
  3. The Court file is to be retained by the Court and marked “Anonymised”. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised such that (i) the Claimant is referred to as ERA in those documents and (ii) the Claimant’s address has been deleted from those documents.
  4. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.
  5. Any non-party affected by paragraphs 1-4 of this Order may apply on notice to all parties to have this Order set aside or varied.

Dated 17 May 2019 (Approved on 21 May 2019)

 

 

 

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