GRK -v- North West Anglia NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-001843

In the High Court of Justice
King’s Bench Division

19 March 2024

Before: Master Sullivan

Between:

GRK (a Child Proceeding by her mother and Litigation Friend, JAK)

-v-

North West Anglia NHS Foundation Trust

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

ORDER

BEFORE Master Sullivan via MS Teams on 19 March 2024

UPON HEARING Leading Counsel for the Claimant and Solicitor for the Defendant

AND UPON the application notice dated 6 March 2024:

(1) Consideration of the Article 8 rights of the Claimant and her family 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:

‘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    shall not be published.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 Litigation Friend 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 “GRK”.
    (ii) The Litigation Friend shall be referred to as “JAK”
    (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 by 9 April 2024, 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 19 March 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 costs of obtaining this order be costs in the case.