KLM -v- Surrey and Borders Partnership NHS Foundation Trust (anonymity order)
Claim Number: QB-2021-004179
In the High Court of Justice
King’s Bench Division
29 February 2024
Before:
Master Sullivan
Between:
KLM (Widow and Executor of the Estate of CZA, deceased)
-v-
Surrey and Borders Partnership NHS Foundation Trust
Order
Before Master Sullivan sitting remotely at the High Court, Royal Courts of Justice, Strand, London WC2A 2LL on 29 February 2024, by Teams
UPON READING an application notice by the Claimant dated 18 January 2024
AND UPON hearing Mr Tavares KC of Counsel for the Claimant and Mr Barnes of Counsel for the Defendant
WHEREAS the Claimant has made a claim against the Defendant for personal injuries suffered by the Deceased, leading to his death, arising out of the Defendant’s breach of duty, and in respect of which proceedings under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 were commenced by the Claimant against the Defendant in the High Court of Justice, King’s Bench Division on 12 November 2021 (“the Claim”)
AND WHEREAS the dependant children of the Deceased (in first name alphabetical order), HYX, IYX, and JYX are minors and the Claimant brings the Claim on her own and on their behalf
AND UPON:
- Consideration of the Article 8 rights of the Claimant and the dependants to respect for private and family life, and the Article 10 right to freedom of expression.
- It appearing that non-disclosure of the identity of the Claimant, the Deceased, and the dependants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and the dependants and that there is no sufficient countervailing public interest in disclosure.
- The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)
AND WHEREAS for the purposes of this Order:
- ‘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.
- 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.
IT IS ORDERED THAT:
1. The identity of the Claimant, the Deceased and the dependants as a 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 Claimant, the Deceased or the dependants, 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 the Claimant, the Deceased or the dependants in these proceedings. The Claimant, the Deceased and the dependants shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The Claimant shall be referred to as KLM
(ii) The Deceased shall be referred to as CZA
(iii) The dependants shall be referred to (in first name alphabetical order) as HYX, IYX, and JYX
(iv) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, the Deceased or the dependants (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. 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 (iv) above.
(ii) If a person who is not a party to the proceedings (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, trustee or deputy.
5. 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 21March 2024 and refiled in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 29th day of February 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.”
7. 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.
8. 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
9. The costs of obtaining this order be costs in the case.