Anonymous -v- The Dudley Group NHS Foundation Trust (anonymity order)

County CourtAnonymity Order

CLAIM NO: H00BM634

In the County Court at Birmingham

26 October 2021

Before:

HHJ Emma Kelly

Between:

Anonymous (Administrator of the Estate of Deceased)

-v-

The Dudley Group NHS Foundation Trust

ORDER

Before Her Honour Judge Emma Kelly sitting at Birmingham County Court, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham B4 6DS on 26 October 2021 and the hearing being conducted via HMCTS Video Hearings Service

UPON HEARING Julian Matthews of Counsel, on behalf of the Claimant and Carly Monroe, Solicitor on behalf of the Defendant

AND UPON a claim being made by the Claimant on behalf of the children of the Deceased

AND UPON consideration of the said dependents’ Article 8 right to respect of private and family life and the Article 10 right to freedom of expression.

AND UPON IT APPEARING that non-disclosure of the identity of the said dependents’ is necessary in order to protect their interests

AND PURSUANT to rule 39.2(4) of the CPR, section 11 of the Contempt of Court Act 1981, and rules 5.4C and 5.4D of the CPR

IT IS ORDERED:

  1. That the identity of the above listed dependents be not disclosed.
  2. That insofar as any statement of case or 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 do refer to the names of the above listed dependents, neither they nor the deceased shall be identified by name by the press or otherwise, save as “BN” for the deceased, and “BN’s dependents” in relation to the minor dependents, and that the Claimant shall be referred to as “RT” in all and any such documents.
  3. That the address of the Claimant, the deceased or any of the dependents be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. That in so far as is necessary, any statement of case or other document disclosing the Claimant’s, the deceased’s or the said dependents’ name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. That the original of any such document disclosing the name or address of the Claimant, deceased or said dependents is to be placed on the Court file in a sealed envelope marked “not to be opened without permission of a Judge, Master or District Judge of the Queen’s Bench Division.”
  6. That a non party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”
  7. That reporting restrictions apply as to the disclosing of any information relating to this claim that may lead to the subsequent identification of the Claimant, the deceased or the above listed dependents. The publication of the name and address of the Claimant, the deceased, the above listed dependents, or of any member of their immediate family is prohibited. No report of anything said at the Approval hearing pursuant to CPR rule 21.10 shall be a breach of this Order.
  8. That nothing in this order shall prevent:-
  • the Claimant, the dependents’ Special Guardians, the dependents, or the parties’ legal advisers from making such disclosure to medical or financial specialists as may be required in relation to the further conduct of this claim or the management of the funds arising therefrom;
  • the identification of the deceased solely for the purposes of the proper conduct of the current investigation, prosecution or proceedings by the CQC against the Defendant Trust.
  1. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.