ALB -v- Midlands Partnership NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Amended under the Slip Rule CPR 40.12 dated 7th November 2023 & approved by His Honour Judge Blair KC

Claim Number: QB-2019-002617

In The High Court Of Justice
King’s Bench Division

6 November 2023

Before:
His Honour Judge Blair KC

Between:
ALB
(by his Litigation Friend, The Official Solicitor)
-v-
Midlands Partnership NHS Foundation Trust


Anonymity Order

BEFORE His Honour Judge Blair KC sitting as a Deputy High Court Judge at the Royal Courts of Justice, King’s Bench Division, on 6 November 2023

UPON HEARING Counsel Farrah Mauladad KC on behalf of the Claimant and Counsel Paul Bleasdale KC for the Defendant

AND UPON:

  1. Consideration of the Article 8 rights of the Claimant 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; 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:
(i) ‘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.
(ii) 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 BY CONSENT 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 name or address of the Claimant 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 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:
    (a) The Claimant shall be referred to as ALB
    (b) 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.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (a) 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 sub-paragraphs 3(a) to (b) above.
    (b) 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 or Deputy.
  5. The Court file shall be clearly marked with the words: “An anonymity order was made in this case on 6 November 2023, 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. The provisions of this Order shall not apply to:
    (a) Communications between the Court of Protection and/or Court Funds Office and the anonymised party or his Deputy or Litigation Friend in relation to the payment of money into the Court of Protection and/or Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money.
    (b) Communications between the Court of Protection and/or Court Funds Office and/or the anonymised party, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money.
    (c) Records kept by the Court of Protection and/or Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money.
  7. 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 or deputy.
  8. 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.
  9. The costs of obtaining this Order be costs in the case