Claim No.: QB-2020-002176
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
8 September 2020
Salisbury NHS Foundation Trust
UPON the Applicant’s Application for Pre-Action Disclosure dated 14 May
2020 (“the Application”),
AND UPON the Court reconsidering its Order dated 7 July 2020 and deciding to impose and continue provisions as to anonymity and reporting restrictions pursuant to CPR 39.2 and/or its inherent jurisdiction, but declining to sit in private,
AND UPON hearing Counsel for the Applicant and Counsel for the Respondent,
IT IS ORDERED AND DECLARED THAT:
1. The identity and the address/location of the Applicant and of the individual referred to as “LD” in the documents filed and served in support of or in response to the Application shall not be disclosed or published without the permission of the court.
2. There shall be substituted for all purposes in the Application in place of references to the Applicant or to “LD” by name, and whether orally or in writing, reference to the sequence of characters, MMX and LD respectively.
3. Insofar as necessary, any statement of case or other document disclosing either the Applicant’s name or address, or that of LD, already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above (and in the meantime shall be kept confidential), and the parties’ solicitors shall have permission to file with the court such copies of such documents adjusted so as to comply therewith.
4. The original of any such statement of case or other document disclosing the name or address/location of the Applicant or of LD (and in particular any Application Notice, or any statement of case, judgment, Order or other document to which anyone might have access to pursuant to Rule 5.4 AD or otherwise at any time) are to be retained by the Court in a sealed envelope, marked “Not to be opened without the permission of a Judge or Master or District Judge of the Queen’s Bench Division”, or, if electronically filed or scanned, shall be placed on the court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”.
5. Any person not a party to this action may not inspect or obtain a copy of any document on or from the Court file (other than this order duly) and whether pursuant to Part 5.4 A-D of the Civil Procedure Rules or otherwise, without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to both parties and the Court will effect service. The Court file is to be retained by the Court and marked “Anonymised”.
6. The reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Applicant or of LD. The publication of the name or address/location of the Applicant or of any member of the Applicant’s immediate family is prohibited, or of LD or of any member of LD’s immediate family.
7. A copy of this Order shall be published on the website of the Judiciary of England and Wales.
8. Any person may apply to set aside or vary the provisions of Paragraphs 1 to 6 of this Order on notice to both the Applicant and the Respondent.
9. Pursuant to CPR 31.22, the documents relied on at this hearing are not to be used for any other purpose other than, in the case of either of the parties, this application and any subsequent proceedings between the parties.
10. The Application is dismissed.
11. The Applicant shall, by no later than 23 September 2020, pay the Respondent’s costs of the Application summarily assessed in the sum of £3,200.