GA -v- London Borough of Lambeth (anonymity order)
Claim No: QB-2021-004267
In the High Court of Justice
Queen’s Bench Division
18 November 2021
Before:
Master Eastman
GA (A Patient by his Litigation Friend “S.A”)
-v-
London Borough of Lambeth
ORDER
Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimants. The publication of the names and addresses of the Claimants is prohibited.
UPON READING an Application Notice by the Claimants dated 1 November 2021.
AND UPON consideration of the Claimant’s Article 8 right to respect for 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 is necessary in order to protect the interests of the Claimant
AND PURSUANT to Rules 39.2 (4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED:-
1. That the identity of the Claimant and Litigation Friend not be disclosed.
2. That the Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as “G.A”.
3. That the Litigation Friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as “S.A”.
4. That the address of the Claimant and Litigation Friend 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.
5. That in so far as necessary, any statements of case or other documents disclosing the Claimant and Litigation Friend’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
6. That the original of any such document disclosing the name or address of the Claimant is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
7. 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”.
8. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family is prohibited.
9. The provisions of this Order shall not apply.
i. To communications between the Court Funds Office and the anonymised party of Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised parties or the investment or treatment of payment out of such money;
ii. To communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
iii. To records kept by the Courts Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
10. That the Claimant does within 28 days draw and file this Order and serve the same on the Defendant.
11. That the Claimant does comply with rule 23.9(2) by service on the Defendants.
12. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
13. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
14. A copy of this order shall be published on the Judicial Website of the High Court of Justice specifying that the Claimant shall be referred to as “G.A” and their Litigation Friend “S.A”.
15. No order as to costs.