JD and others -v- Hailsham House (New Road) Limited and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: D90BM178

In The High Court Of Justice

King’s Bench Division
Birmingham District Registry

19 September 2023

District Judge Griffith

(1) JD (Executor of the Estate of PD, Deceased)
(2) MSD (by her mother and litigation friend LO)
(3) FLO (by her litigation friend LO)
(4) EOD (by his mother and litigation friend LO
(5) Jennifer Cook (Nee Jd)
(1) Discontinued
(2) Hailsham House (New Road) Limited
(3) NHS Kent And Medway Clinical Commissioning Group
(4) North-East London Commissioning Support Unit

Anonymity Order

BEFORE DISTRICT JUDGE GRIFFITH sitting in the High Court of Justice King’s Bench Division on 19 September 2023

UPON HEARING Richard Berrett Counsel, on behalf of the Claimant


(1) Consideration of the Article 8 rights of the Claimants FLD and OED to respect for private and family life, and the Article 1O right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Third and Fourth claimants, beiog
minors, is necessary to secure 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.
(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.
(4) It appearing that non-disclosure of the identity of the adult (first, second, and fifth) claimants is necessary in order to protect the identities of the Third and Fourth claimants.

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:

A) ‘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.
8) ‘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.


  1. The identity of the Claimants as parties to these proceedings is confidential and shall not be published.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 Claimants, the 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 FLO and OED as Claimants in these proceedings. The Claimants and the litigation friend shall be referred to as set out at paragraph 3 of this order.
  1. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    The First Claimant shall be referred to as ”JD”
    (II) The Second Claimant shall be referred to as “MSD” (Ill) The Third Claimant shall be referred to as “FLO”.
    (IV) The Fourth Claimant OED shall be referred to as “OED”.
    (V) The Litigation Friend shall be referred to as “LO”.
    (VI) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant’s (including any names of other immediate family members or their addresses) shall be redacted before publication.
  1. 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.
  2. The court file shall be clearly marked with the words “an anonymity order was made in this case on 19 September 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.”
  3. 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.
  4. 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 judiclalwebupdates@judiciary.uk.
  1. The costs of obtaining this order be costs in the case.