DAR (On behalf of the Dependants of JBR deceased and as Executrix of his estate) -v- Medway NHS Foundation Trust (anonymity order)
Claim No: QB-2021-004289
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Before:
Geraint Webb QC (sitting as a Deputy High Court Judge)
Between:
DAR (On behalf of the Dependants of JBR
deceased and as Executrix of his estate)
-v-
Medway NHS Foundation Trust
ORDER
UPON HEARING Peter Ellis Counsel for the Claimant and the Solicitor for the Defendant, the hearing being conducted remotely by MS Teams on 18 January 2022
AND UPON consideration of the Claimant’s and her family’s Article 8 rights to private and family life and the Article 10 right of freedom of expression, and upon it appearing that non-disclosure of the identity of the Claimant and her family is necessary to protect the interests of the Claimant and her children, and there being no overriding countervailing public interest requiring such disclosure, and pursuant to CPR rule 39.2 (4) and section 11 of the Contempt of Court Act 1981 and section 6 of the Human Rights Act 1998 and CPR rules 5.4C and 5.4.D
IT IS ORDERED THAT:
1. The proceedings be anonymised as follows for all purposes of this case:
a. In place of references to the Claimant by name and whether orally or in writing, references to “DAR”.
b. In place of references to the Claimant’s deceased husband by name and whether orally or in writing, references to “JBR”.
c. In place of references to the Claimant’s son by name and whether orally or in writing, references to “JXR”.
d. In place of references to the Claimant’s step-son by name and whether orally or in writing, references to “TYR”.
e. In place of references to the Claimant’s daughter by name and whether orally or in writing, references to “JZR”.
2. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or of the Claimant’s family any details liable to lead to the identification of the Claimant and her family; the Claimant, if referred to, shall only be referred to as “DAR”.
3. The address of the Claimant be stated in all statements of case and other documents to be filed and served in proceedings as the address of the Claimant’s solicitors.
4. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgement or order from the Court records only if the statement of case, judgement or order has been anonymised such that (a) the Claimant is referred to in those documents only as “DAR” and any identifying features deleted from those documents; and (b) her address is deleted from those documents; and (c) any member of her family is referred to only as “JBR”, “JXR”, “TYR” and “JZR” respectively.
5. Pursuant to CPR 5.4C(4) and CPR 39.2(4) save as required by law, paragraphs 2 to 4 of this Order shall apply to this case.
6. Pursuant to the Practice Direction: ‘Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 16 April 2019 a copy of this Order shall be published on the website of the Judiciary of England and Wales. For that purpose, an Officer of the Court shall send a copy of this Order via email headed ‘Order for Publication under CPR r.39.2(5)’ to the Judicial Office at: judicialwebupdates@judiciary.uk in pdf format.
7. The Court file shall be clearly marked ‘An Anonymity Order was made in this Court on 18 January 2022 and any application by a non-party to inspect or obtain any copy document from this file shall be dealt with in accordance of the terms of that Order.’
8. Permission to any person affected by this Order to apply to vary or set it aside. Any person making such an application shall provide the Claimant’s Solicitors with 7 days’ notice.