AEJ -v- Lewisham and Greenwich NHS Trust (anonymity order)

CivilCounty CourtAnonymity Order

Claim number: G35YX736

In the County Court at Central London

7 April 2025

Before:

Her Honour Judge Baucher

Between:

AEJ
(by his Litigation Friend, FCP)

-v-

Lewisham and Greenwich NHS Trust

Order

Before Her Honour Judge Baucher sitting at the County Court at Central London, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL by MS Teams, on 7th April 2025

UPON HEARING Howard Elgot counsel for the Claimants and Nadia Whittaker counsel for the Defendant

AND UPON

(1) Consideration of the Article 8 rights of the Claimants 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 is necessary to secure the proper administration
of justice and 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 section 6 of the Human Rights Act 1998, 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 (i) 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 THAT

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 names or addresses of the Claimant, the Litigation Friend, 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 Claimant in these proceedings. The Claimant and the Litigation Friend 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 Claimant shall be referred to as “AEJ”

(ii) The Litigation Friend shall be referred to as “FCP”

(iii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.

  1. 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 (iii) 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 Claimant’s solicitor.

  1. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 21st April 2025, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7th April 2025 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.”
  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 any such application is made on 7 days’ notice to the Claimant’s solicitor.  
  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.
  5. There be no order as to costs.

Dated 7 April 2025