JN -v- NHS Sussex Integrated Care Board (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002166

In the High Court of Justice
King’s Bench Division
Administrative Court

18 July 2024

Before:

Jason Coppel KC

Between:

The King on the application of
JN, by his litigation friend, RN)

-v-

NHS Sussex Integrated Care Board

Order

UPON the Claimant’s N463 application

AND UPON considering Annex 2 to the Statement of Facts and Grounds

IT IS ORDERED THAT

1. Pursuant to CPR r39.2(4), the names of the Claimant and of members of his immediate family and the name and address of his current residence and of his prospective future residence are to be withheld from the public and must not disclosed in any proceedings in open court.

2. There is to be substituted for all purposes in these proceedings in place of references to the Claimant by name, references to the letters “JN”; and in place of the name of his litigation friend, references to the letters “RN”.

3. Pursuant to s.11 Contempt of Court Act 1981, and until further order, there must be no publication of the identity of the Claimant or his litigation friend or any matter likely to lead to the identification of the Claimant or his litigation friend in any report of, or otherwise in connection with, these proceedings.

4. The parties must, when filing any statement of case or witness statement, also file a redacted copy of that statement of case or witness statement omitting the name, address and any other information which could lead to the identification of the Claimant or his litigation friend.

5. A non-party may not obtain or inspect a copy of the claim form, certificate of suitability of RN as JN’s litigation friend, or any witness statement or exhibits to which the non-party may have access pursuant to CPR r.5.4C or otherwise, unless it has been produced or edited so as to comply with paragraphs 1-4 of this Order and/or any subsequent direction made by the Court.

6. Unless the Court grants permission under CPR 5.4C(6), no non-party may obtain a copy of the confidential schedule filed with the Statement of Facts and Grounds.

7. Any person wishing to apply to vary or discharge this order must make an application to the Court, served on each party at least 3 days before the application is heard.

Order

On an application by the Claimant for expedition

Following consideration of the claim form and permission bundle lodged by the Claimant and the letter from the Defendant dated 26 June 2024

ORDER by Jason Coppel KC (sitting as a Deputy High Court Judge)

  1. The application for permission shall be considered by the Court by 31 August 2024.
  2. Otherwise, the application for expedition is refused.

Reasons

1. The Claimant seeks directions for a highly expedited determination of the claim, with a rolled-up hearing by no later than 29 July 2024, with a view to having a judgment of the Court in good time for it to be considered at a Court of Protection (“CoP”) hearing on 5 August 2024. That timetable is not realistic, for the parties, or for the Court, and would create the risk of injustice to one or other party. This is a long-running dispute with a complex factual background which is not suited to ultra-quick determination.

2. It is unfortunate that the claim is running up against the CoP hearing, to which it is obviously relevant, but the solution to that difficulty must lie in adjourning the CoP hearing rather than setting an unrealistic timetable for this claim. The Defendant’s AoS is imminent and I have directed that permission be considered quickly, notwithstanding the vacation period. The parties should, in the meantime, update the Court with regard to developments in the CoP proceedings.

3. It is also unfortunate that the application for expedition was not considered as quickly as had been requested by the Claimant. However, I would myself have reached the same conclusion if I had been considering the application 2-3 weeks ago.