AP -v- Oxford Health NHS Foundation Trust (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2022-001085

In the High Court of Justice
King’s Bench Division

11 February 2025

Before:

Jason Beer KC,
sitting as a Deputy High Court Judge

Between:

AP
(by his Litigation Friend, LP)

-v-

Oxford Health NHS Foundation Trust

Anonymity order

ON the 11th day in the month of February in the year 2025

BEFORE Jason Beer KC, sitting as a Deputy High Court Judge, on consideration of the papers

UPON consideration of the Claimant’s application for anonymity dated 7 February 2025

AND UPON:
(1) Consideration of the Claimant’s rights under Article 8 of the European Convention on Human Rights (‘ECHR’), and the right to freedom of expression under Article 10.
(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) 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be published.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 name or address of the Claimant. 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 the Claimant shall be referred to as “AP”.
  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 paragraph 3 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, trustee or deputy.
  5. The Claimant’s solicitor shall replace any statement of case or other documents disclosing the Claimant’s name or address already filed in the proceedings in anonymised form in accordance with paragraph 3 above by 4.30pm on 25th February 2025.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 11th February 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.”
  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, trustee 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.

DATED 11th February 2025