HAR -v- North West Anglia NHS Foundation Trust (anonymity order)
Claim Number: KB-2024-003167
In the High Court of Justice
King’s Bench Division
31 October 2024
Before:
Master Eastman
Between:
HAR (by His Mother And Litigation Friend, VBE)
-v-
North West Anglia NHS Foundation Trust
Order
BEFORE Master Eastman sitting at the Royal Courts of Justice on 31 October 2024 via Microsoft Teams.
UPON hearing Counsel for the Claimant, and Solicitor for the Defendant
AND UPON
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 on justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
3. The Defendant indicating its neutrality of the making of this 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 for the purposes of this Order;
4. ”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.
5. Publication for the purpose of this Order includes any further publication (as defined in paragraph (4) 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:
6. The identity of the Claimant and his Litigation Friend in these proceedings is confidential and shall not published.
7. 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, immediate family members, or any details (including names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 8 of this Order.
8. In any judgement or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a) The Claimant shall be referred to as HAR;
b) The Litigation Friend shall be referred to as VBE;
c) Any other details which, on their own 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.
9. Pursuant to CPR Rules 5.4C and 5.4D;
a) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgement or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with sub-paragraphs 3(i) to (vi) above.
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 of 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.
10. 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 8 above by 28 days following receipt of a sealed copy of this Order and refiled in the event that any statement of case is amended within 21 days of such amendment being approved.
11. The Court shall be clearly marked with the words ”An anonymity order was made in this case on 31 October 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.”
12. 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 seven days’ notice to the Claimant’s solicitor, trustee or deputy.
13. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls 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 atjudicialwebupdates@judiciary.uk.
14. The costs of obtaining this Order be costs in the case.