GNE (A Protected Party by his Mother and Litigation Friend FCM) -v- South London & Maudsley NHS Foundation Trust (anonymity order)
Claim No: QB-2021-004362
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
14/12/2021
Before:
Master Sullivan
Between:
GNE
(A Protected Party by his Mother and Litigation Friend
FCM)
-v-
South London & Maudsley NHS Foundation Trust
ORDER
UPON HEARING Counsel for the Claimant and the Solicitor for the Defendant
remotely via MS Teams
AND UPON:
(1) Consideration of the Claimant’s Article 8 rights 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 in
order to protect his interests.
(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; section 11 of the
Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)
WHEREAS:
(1) For the purposes of this order:
(i) ‘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.
(ii) 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.
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples
of communications and records which do not constitute publication within the
meaning of this order (providing always that proper steps are taken to protect
the confidentiality of information from being made public). In this list references
to ‘the anonymised parties’ include the parties’ appointed representatives and
advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised
parties in relation to the payment of money into the Court Funds Office
for the benefit of the child dependent or the investment or treatment of
payment out of such money.
(ii) Communications between the Court Funds Office, the anonymised
parties,and any financial institution concerned as to the receipt or
investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised parties, and
any financial institution concerned as to the receipt or investment of the
child dependent’s money.
(iv) Retention by all parties to the claim, their representatives, and their
advisers of their unredacted files for the purposes of their continuing
functions and obligations in relation to the proceedings.
(v) Communications between the Defendant, their insurers, or their
successors in title and their legal and professional advisers, reinsurers,
HM Revenue and Customs (or its successor), the Compensation
Recovery Unit or any other person required by law.
(vi) Communications between the anonymised parties’ representatives and
advisers in managing those parties’ affairs.
(vii) Communications for the purpose of obtaining medical care, advice or
treatment for the anonymised parties.
IT IS ORDERED THAT:
1. The identity of the Claimant in 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 the name or address of the Claimant or any details that
could lead to the identification of the Claimant. 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:
a. The Claimant, shall be referred to as “GNE”
b. The Litigation Friend of GNE, shall be referred to as “FCM”
c. Any other details liable to lead to the identification of the Claimant
(including any names of other family members or addresses) shall be
redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
a. A person who is not a party to the proceedings may obtain a copy of a
statement of case, judgment or order from the Court records only if the
statement of case, judgment or order has been anonymised in
accordance with subparagraphs 3(a) to (c) above and the Claimant’s
solicitors shall file anonymised copies within 21 days.
b. 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.
5. The Court file shall be clearly marked with the words “An anonymity order was
made in this case on 14 December 2021 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.”
6. Any interested party, whether or not a party to the proceedings, may apply to
the Court to vary or discharge this Order, providing that any such application is
made on notice to the Claimant’s Solicitor, and that 7 days’ prior notice of the
intention to make such an application is given.
7. 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.
8. The costs of obtaining this order be costs in the case.