ABC (By his Litigation Friend, DEF) -v- Maidstone and Tunbridge Wells NHS Trust (anonymity order)
Claim No: QB-2021-001070
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 01/11/2021
Before Master Sullivan
Between:
ABC
(By his Litigation Friend, DEF)
-v-
Maidstone and Tunbridge Wells NHS Trust
ORDER
UPON hearing Counsel for the Claimant and Counsel/Solicitor for the Defendant by
video hearing in private pursuant to PD51Y
AND UPON:
1. Consideration of the Article 8 rights of the Claimant, who is a Protected
Party, 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 and his
litigation friend is necessary 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 s.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).
IT IS ORDERED THAT:
1. The identity of the Claimant and his litigation friend in this application for
approval is protected and shall not be published. For this purpose:
i. ‘Publication’ includes any speech, writing, broadcast, or other
communication in whatever form, which is addressed to the public at
large or any section of the public.
ii. Publication of any name, address, picture, or other information that
could lead to the identification of ‘ABC’ as the Claimant, ‘DEF’ as his
litigation friend in these proceedings is prohibited.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of the
proceedings the name or address of the Claimant and his litigation friend, or
any details that could lead to the identification of ‘ABC’ as the Claimant and
‘DEF’ as his litigation friend. The Claimant and his litigation friend shall be
referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of the proceedings, or other publication (by whatever
medium) in relation thereto:
i. The Claimant shall be referred to as ‘ABC’.
ii. His litigation friend shall be referred to as ‘DEF’.
iii. Any other details liable to lead to the identification of any of the persons
set out above (including any names of other family members or
addresses) shall be redacted before publication.
4. Pursuant to CPR Rule 5.4C and 5.4D:
i. A person who is not a party to the proceedings may not obtain a copy
of the statement of case, judgment or order from the Court records
unless the statement of case, judgment or order has been anonymised
in accordance with paragraph 3 above insofar as the proceedings are
concerned and the Claimant solicitor shall file copies of those
anonymised documents within 28 days.
ii. If a person who is not a party to the proceedings applies (pursuant to
CPR Rule 5.4C(1B) or (2)) for permission to inspect or obtain a copy of
any other document or communication in relation to the proceedings,
such application shall be on at least 7 days’ notice to the Claimant’s
Solicitor.
5. The Court file shall be clearly marked with the words “An Anonymity order was
made in this case on 1st November 2021 and any application by a non-party to
inspect or obtain a copy document from this file as regards the compromise
must be dealt with in accordance with the terms of this Order.”
6. Any interested party, whether or not a party to the proceedings, may apply to
the Court to vary or discharge this Order, providing that any 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.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
Orders’ issued by the Master of the Rolls on 17th 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.
8. The costs of obtaining this Order be costs in the case.