GH -v- Mr Bavithrann Vilvarajah (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2020-001462

In the High Court of Justice
King’s Bench Division

26 June 2023

Before:

The Honourable Mrs Justice Ellenbogen DBE

Between:

GH

(a protected party suing by her grandmother and Litigation Friend, DH)

-v-

Mr Bavithrann Vilvarajah

Order

UPON HEARING Counsel for the Claimant, Mr Timothy Trotman, and Counsel for the Defendant, Mr James Sullivan

AND UPON

  1. consideration of the Article 8 ECHR rights of the Claimant to respect for private and family life, and the Article 10 ECHR right to freedom of expression
  2. consideration of the principles set out in the Judgment of the Court of Appeal in JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 9
  3. it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure
  4. the Defendant indicating his neutrality to the making of the order and there being no representations from the Press or any other interested party

AND pursuant to section 11 of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the Civil Procedure Rules

WHEREAS for the purposes of this order, ‘Publication’ includes any:

  1. 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. further publication (as defined in sub-paragraph (1) 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 and of the Litigation Friend in these proceedings is protected and shall not be disclosed or 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 Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) which 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), including in all statements of case and other documents subsequently to be filed or served in the proceedings, and in any judgment or order in the proceedings in relation thereto:
  • the Claimant shall be referred to as “GH”;
  • the Litigation Friend shall be referred to as “DH”;
  • any other details liable to lead to the identification of the Claimant (including any names or addresses of other immediate family members) shall be redacted before publication

4. Pursuant to CPR Rules 5.4C and 5.4D:

  • 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 that statement of case, judgment or order has been anonymised in accordance with sub-paragraphs 3 (i) to (iii) above;
  • 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 14 days’ written 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 which has been anonymised in accordance with paragraph 3 above by 17 July 2023, and re-file 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 26 June 2023 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’ written 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.