Claim Number: KB-2022-004612
In The High Court Of Justice
King’s Bench Division
29 March 2023
Anonymised Party JED (A Protected Party By His Litigation Friend SG)
UPON the Claimant’s Application and deciding the same without a hearing
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the parties is necessary in order to protect the interests of the Claimant.
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
IT IS ORDERED THAT:
- That the identity of the parties be not disclosed.
- That the parties be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “JED” (Claimant) and “ELI” (Defendant).
- That the address of the Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors and the address of the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Defendant’s solicitors.
- That in so far as necessary, any statement of case or other document disclosing the party’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised
form as above.
- That the original of any such document disclosing the name or address of the parties is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
- That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties. The publication of the name and address of the parties or of any member of the Claimant’s immediate family is prohibited.
- The provisions of this Order shall not apply:-
I. to communications between the Court of Protection, the duly appointed Deputy, treatment provider, case manager and the anonymised party in relation to the payment of money into or out of the Court of Protection for the benefit of the anonymised party or the investment or treatment of payment out of such money;
II. to communications between the Court of Protection and/or the anonymised party and any financial institution concerned as to the receipt or investment of such money; or III. to records kept by the Court of Protection or the anonymised party or any such financial institution in relation to such money.
IV. to communications between the Court of Protection and those involved in the Claimant’s treatment such as a Case Manager, Therapist, General Practitioner.
V. to records kept by those duly engaged by the Court of Protection to treat the Claimant such as Case Manager, Therapists and other medical professionals.
- That the Claimant do by (date) draw and file this Order and serve the same on the Defendant.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.