ABC and DEF (interested party) -v- Westminster Homecare Limited (anonymity order)

County CourtAnonymity Order

Claim Number: K00GU243

In the County Court at
Guildford

1 August 2023

Before
Deputy District Judge Sharma

Between:
ABC (by Her Daughter and L/f DEF)
-v-
Westminster Homecare Limited

Anonymity Order

Before Deputy District Judge Sharma sitting at the County Court at Guildford, The Law Courts, Mary Road, Guildford, Surrey, GU1 4PS.
UPON hearing Counsel for the Claimant and Counsel for the Defendant

AND UPON consideration of the Claimant’s and her Litigation Friend’s Article 8 Right to Respect for Private and Family Life and the Article 10 Right to Freedom of Expression
AND UPON the Court concluding that non-disclosure of the identity of the Claimant and her Litigation Friend is necessary to protect their interests and that there is no sufficient countervailing public interest in disclosure
AND UPON the Defendant indicating it is neutral as to the making of the Order and there being no representative from the press or any other interested party
AND PURSUANT section 6 of the Human Rights Act 1998, 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

IT IS ORDERED:-

  1. That the identity and the address of the Claimant and her Litigation Friend are confidential and shall not be disclosed.
  2. That the Claimant and the Litigation Friend shall be described in any Judgment or Order in these proceedings and in any report of these proceedings and in any further proceedings arising out of the indexed incident the subject of the claim by the press or otherwise as “ABC” and “DEF” respectively. Other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
  3. Pursuant to CPR Rules 5.4C and 5.4D:-
    (a) person who is not a party to the proceedings may obtain a copy of the Statement of case, Judgment or Order has been anonymised in accordance with paragraph 2 above.
    (b) If a person who is not a party to the proceedings applies (pursuant to Rule 5.4C (1B) or (2)) for permission to inspect or obtain a copy of any other document or communication such application shall be made on at least 7 days notice to the Claimant’s solicitor.
  1. The Court file should be clearly marked with the words “Anonymity Order was made in this case on 24 July 2023 and any Application by a non-party to inspect or obtain any copy documents from this file must be dealt with in accordance with the terms of that Order”.
  2. The provisions of this Order shall not prohibit the Defendant from disclosing the Claimant’s name and address or any other information intended to identify her to the Government, HM Revenue & Customs (or its successor), Compensation Recovery Unit or any other person required by law provided that any such person in receipt of such disclosure shall be informed in writing of this Order of the Court.
  3. Any interested party whether or not a party to the proceedings may apply to the Court to vary or discharge this Order provided that nay such Application is made on Notice to the Claimant’s solicitor and that 7 days prior notice of the intention to make such an Application is given.
  4. 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

Dated 24 July 2023