JJI -v- NHS England (anonymity order)

Anonymity Order

Claim Number B90NE039

In the High Court of Justice Queen’s Bench Division
Newcastle Cf & T Centre
District Registry

3 February 2021


Before His Honour Judge Freedman sitting as a Judge of the High Court of Justice at the Law Courts Newcastle Upon Tyne on 29th January 2021
UPON HEARING Eliot Woolf QC, one of Her Majesty’s Counsel, on behalf of the Claimant and Mrs Gillian Muir, Solicitor on behalf of the Defendant.
AND UPON it being recorded that no representations were made by a member of the Press and the Defendant indicating its neutrality to the making of the Order
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 Claimant 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 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.
I/ The proceedings shall be anonymised as follows:-
(a)That the identity of the Claimant and her mother and Litigation Friend be not disclosed. Pursuant to CPR Rule 5.4c, Rule 5.4d and Rule 39.2(4), there shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, references to the letters “JJI”. Likewise, the Litigation Friend shall be referred to as “SLI”.

(b) The Claimant and her Litigation Friend shall be described in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as 11JJI” and 11SL111 respectively.
(c) A non-party may not inspect or obtain a copy statement of case of document from the Court file, without permission of the Court. Any application for such permission should be made on at least 7 days notice to the Claimant and the Defendant in accordance with CPR5.4C(6).
( d) A non -party may not inspect or obtain a copy of statement of case or documents from the Court file unless it has been anonymised in accordance with this Direction and there has been redacted any information which might identify the Claimant or the Litigation Friend.
(e) Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Litigation Friend is prohibited.
2/ The provisions of this Order shall not apply to:-
(a) Communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of payment out of such money;
(b) Communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
(c) Records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money;
( d) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
/ Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 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 judicialwebupdatcs@judiciary.uk
4/ Any party affected by this order may apply on notice to all parties to have this order set aside or varied.
5/ The costs of obtaining this order be costs in the assessment.

Dated 29 January 2021