ACE and FHJ -v- The Shrewsbury and Telford Hospital NHS Trust (anonymity order)
Claim number: KB-2024-MAN-000094
In the High Court of Justice
King’s Bench Division
Manchester District Registry
6 August 2024
Before:
His Honour Judge Bird
Between:
ACE and FHJ
(Personal representatives of the estate of KMO, deceased)
-v-
The Shrewsbury and Telford Hospital NHS Trust
Anonymity order
Before His Honour Judge Bird Sitting at the High Court of Justice, King’s Bench Division, Manchester District Registry, on 28th May 2024
UPON HEARING Counsel for the Claimant and the Defendant’s Representative
AND UPON:
(1) Consideration of the Article 8 rights of the Claimants, and the other individuals relevant to these proceedings named at paragraph 3 of the Order below (“the Individuals”), to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identities of the Claimants and the Individuals is necessary to secure the proper administration of justice and in order to protect the interests of those individuals 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 section 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).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.
IT IS ORDERED [BY CONSENT] THAT:
1. The identities of the Claimants, as parties to these proceedings, and the Individuals, are confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimants, the Individuals or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants or the Individuals in these proceedings. The Claimants and Individuals shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The First Claimant shall be referred to as ACE.
(ii) The Second Claimant shall be referred to as FHJ.
(iii) The Deceased shall be referred to as KMO.
(iv) The Deceased’s half-sister and her husband shall be referred to PRT and UWY.
(v) The Deceased’s child dependant shall be referred to as ZBD.
(vi) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants or the Individuals (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (vi) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimants’ solicitor.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 28th May 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitor.
7. 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.
8. The costs of obtaining this order be costs in the case.
Dated: 6th August 2024