MAT -v- Van Den Broek and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: G90BM042

In the High Court of Justice
King’s Bench Division
Birmingham District Registry

27 October 2022

Before:
District Judge Griffith

Between:
MAT
(Widower and Executor of the Estate of CAT Deceased)
-v-
(1) Alyson Van Den Broek
(2) Gloucestershire Hospitals NHS Foundation Trust
(3) Public Health Wales NHS Trust

Order

BEFORE DISTRICT JUDGE GRIFFITH hearing the case by VHS

Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, the Deceased and the Deceased’s Dependants. .

UPON HEARING Counsel for the Claimant and Counsel for the Defendants AND UPON:
(1) Consideration of the Claimant’s and each of the Dependants’ Article 8 right to respect for private and family life and that of their children and the Article 1O right of freedom of expression
(2) The Court being satisfied that an Order in the terms of paragraphs 1 to 7 below is necessary to protect the interests of the Claimant and each of the Deceased’s dependants and to secure the proper administration of justice.
(3) The Defendants indicating neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rule·s s.4c and 5.4D of the Civil Procedure Rules and section 6 of the Human Rights Act 1998.

WHEREAS for the purposes of this order:

(1) ‘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.

(2) 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. That the identity of the Claimant, his immediate family and the Deceased shall be not disclosed.
  2. That the Claimant and the Deceased be described in all state other documents to be filed or served in the proceedings and order in the proceedings and in any report of the proceedings otherwise as follows:

Claimant MAT
Deceased CAT

  1. 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.
  2. That in so far as necessary, any statement of case or other document disclosing the name of any of the persons identified in paragraph 2 above already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  3. 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 2 above by 9 November 2022 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  4. That the original of any such document disclosing the name or address of the parties set out above in paragraph 2 or if electronically emailed or scanned shall be placed on the Court file in a sealed envelope marked “Confidential: not to be opened without the permission of a Master or High Court Judge”.
  5. 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. An anonymity order was made in this case on 27 October 2022 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.”
  1. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, her immediate family or the Deceased. The publication of the name and address of the Claimant, the Deceased and of the Claimant’s immediate family is prohibited.
  2. The provisions of this Order shall not apply:-
    (i) to 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;
    (ii) to 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; or
    (iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.

1O. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied within 7 days of service upon them.

  1. 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.
  2. Costs in the case.