FNE -v- Stockport NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: QB-2022-MAN-000092

In the High Court of Justice
King’s Bench Division
Manchester District Registry

5 July 2024

Before:

HHJ Bird

Between:

FNE

-v-

Stockport NHS Foundation Trust

………………………………………………………………………………………………………………………………………………………………………………………..

ANONYMITY ORDER

……………………………………………………………………………………………………………………………………………………………………………………….

BEFORE HHJ Bird on 25th June 2024

UPON the application notice dated 3 June 2024:

(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 her family 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be
    published.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 name or address of the Claimant, the Claimant’s child 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 “FNE”.
    (ii) The Claimant’s Child shall be referred to as “FES”.
    (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.
  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 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, trustee or deputy.
  5. 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 21 days from date of the order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case
    on 25th June 2024 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 Defendant do pay the Claimant’s costs on the standard basis to be the subject of detailed
    assessment if not agreed.