IHT -v- West London NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-004825

In the High Court of Justice
King’s Bench Division

15 January 2024

Before:

Master Eastman

Between:

IHT

-v-

West London NHS Trust

Order

UPON READING the Claim Form, the Claimant’s Application Notice dated 7th December 2023 and the witness statement of Mr Dushal Mehta dated 7th December 2023

AND UPON the Claimant’s application notice dated 7th December 2023 it appearing that non-disclosure of the identity of the Claimant is necessary to ensure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.

AND PURSUANT to s.1 Sexual Offences (Amendment) Act 1992, s.6 of the Human Rights Act 1998, s.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:

  1. ‘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 is derived from a previous stage or stages of these proceedings.
    AND UPON the Court being satisfied that:
  3. The Claimant alleges that offences to which the Sexual Offences (Amendment) Act 1992 (as amended) applies have been committed against them by the Defendant/their employees.
  4. The Claimant has not waived their right to anonymity pursuant to s.1 of the Sexual Offences (Amendment) Act 1992.

    IT IS ORDERED THAT:
  5. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  6. Pursuant to CPR Rule 39.2(4), there shall not be published or otherwise disclosed in any report of these proceedings the name or address of the Claimant or of any member of the Claimant’s family, or any other details that may lead to the subsequent identification of the Claimant. There shall be no publication or other disclosure of any other name, address or information tending to identify the Claimant. The Claimant shall be referred to as set out at paragraph 3 of this Order and his address shall be referred to as set out at paragraph 4 of this Order.
  7. 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 “IHT”
    b) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant shall be redacted before publication.
  8. There be substituted for all purposes in this action in place of reference to the address of the Claimant, whether orally or in writing, reference to “c/o Fieldfisher LLP”.
  9. The Claimant has permission to issue the Claim Form giving the Claimant’s solicitor’s address in place of the Claimant’s own, provided that the Claimant has filed with the Court a Claim Form showing the Claimant’s full name and residential address, which shall remain confidential on the Court’s file, and which shall be marked “not to be disclosed without the permission of a Judge or the Senior Master of the King’s Bench Division”.
  10. The Claimant’s solicitor to provide the Defendant with the name of the Claimant in writing at the time of service of proceedings.
  11. Service of the Claim Form and the Particulars of Claim by the Claimant upon the Defendant shall be accompanied by service of a copy of this Order, and the Application Notice and witness statement which were filed in support of it.
  12. 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 XX, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  13. 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 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.
  14. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15th January 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.”
  15. 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.
  16. 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
  17. Costs in the case.