ABC and others -v- Priory Healthcare Limited (anonymity order)
Case No: QB-2018-000232
In the High Court of Justice
Queen’s Bench Division
16 December 2021
Before:
Master Sullivan
Between:
ABC(1)
(Dependant and widow of the deceased XYZ)
DEF(2)
(Dependant of the Deceased XYZ)
GHI(3)
(Dependant of the Deceased XYZ)
JKL(4)
(by her mother and litigation friend ABC)
MNO(5)
(personal administrator of the estate of the deceased XYZ)
PQR(6)
(personal administrator of the estate of the deceased XYZ)
-v-
Priory Healthcare Limited
ORDER
BEFORE Master Sullivan sitting at the Royal Courts of Justice, Strand, London on 16 December 2021 at a hearing conducted remotely by MS teams
UPON HEARING Elizabeth-Anne Gumbel QC for the Claimant and Mr Simon Perkins for the Defendant
WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to maintain the confidentiality of the Claimant JKL and there is no sufficient countervailing public interest in disclosure
IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:
(1) That the identity of the Deceased XYZ, the Claimant JKL and the Litigation Friend ABC be not disclosed and the other Claimants’ identities not be disclosed as they may lead to the identification of JKL.
(2) There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “JKL”. Likewise, the Litigation Friend shall be referred to as “ABC”, the Deceased as “XYZ” and the other Claimants as “DEF”, “GHI”, “MNO” and “PQR” respectively
(3) That the Deceased, the Claimant JKL and the Litigation Friend and the other Claimants 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 “XYZ and “JKL, “ABC”, “DEF”, “GHI”, “MNO” and “PQR” respectively.
(4) A non-party may not, without the permission of a Master, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this direction and there has been redacted any information which might identify the Deceased, the Claimant JKL or the Litigation Friend or the other Claimant.
Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimants and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
The Claimants’ solicitors to provide for the Court file anonymised versions of the Judgments, orders and statements of case, within 21 days of the date of this order.
(5) That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
(6) The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party, her Deputy or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
b. to communications between the Court Funds Office and/or the anonymised party, her Deputy 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 the anonymised party, her Deputy or Litigation Friend or any such financial institution in relation to such money.
(7) That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
(8) A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Deceased be referred to as XYZ, the 4th Claimant shall be referred to as JKL and her litigation friend as ABC and the other Claimants as DEF, GHI, MNO and PQR respectively.
(9) Costs in case