MXM -v- General Medical Council (anonymity order)
Case No: CO/4126/2021
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
ON APPEAL FORM AN INTERIM ORDERS TRIBUNAL
MEDICAL PRACTITIONERS TRIBUNAL SERVICE
Date: 17/03/2022
Before:
Mrs Justice Steyn
Between:
Dr MXM
-v-
GENERAL MEDICAL COUNCIL
ORDER for ANONYMITY
Before Mrs Justice Steyn sitting at The High Court at Exeter Combined Courts,
AND UPON reading an Application for the Claimant dated 3 December 2021,
AND UPON consideration of section 12 of the Human Rights Act 1998, the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression,
AND UPON the Court being satisfied pursuant to CPR 39.2(4) that an Order in the terms below is necessary to secure the proper administration of justice and to protect the interests of the claimant and his family and there being no sufficient countervailing public interest in its disclosure,
AND UPON the Respondent indicating neutrality to the making of the order and there being no representation from the press or any other interested party,
IT IS HEREBY ORDERED, pursuant to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998, CPR 5.4B to D and CPR 39.2(4):
1. The identity of the Claimant in these proceedings is confidential and shall not be published. For this purpose:-
(i) ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is addressed to the public at large or any section of the public,
(ii) publication of any name, address, picture, or other information that could lead to identification of the Claimant as involved in these proceeding is prohibited.
2. In any judgement or report of these proceedings, or other publication (by whatever medium) in relation thereto, the Claimant shall be referred to as Dr MXM. Any details liable to lead to the identification of Dr MXM (including any names of family members or addresses) shall be redacted before publication.
3. There shall not be disclosed in any report of the proceedings the name, address, or picture of the Claimant nor any information which is liable to, or might lead to, the identification of him or any member of his family.
4. There shall be substituted for all purposes in these proceedings, in place of references to the Claimant references to ‘Dr MXM’.
5. Pursuant to CPR Rules 5.4B to D:
(i) A person who is not a party to the proceedings may not obtain a copy of any documents lodged with the Court nor judgement or order from the Court records unless such has been anonymised in accordance with paragraph 4 above and the Claimant’s solicitor shall file copies of anonymised versions of those documents within 14 days.
(ii) If a person who is not party to the proceedings applies (pursuant to CPR 5.4C) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ written notice to the Claimant’s solicitor.
6. The Court file shall be clearly marked with the words, ‘An anonymity order was made in this case on 17 March 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.’
7. Any person affected by any of the restrictions in the Order may apply to the Court to vary or discharge this Order (or so much of it as affects that person), but at least 7 days’ written notice of any such application and the evidence relied upon must first be given to the Claimant’s solicitors.
8. For the avoidance of doubt, paragraphs 1-5 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information being made public):-
(i) communications between the Court Funds Office and the Claimant or his solicitor;
(ii) records kept by the Courts Funds Office, the Claimant’s, or Respondent’s representatives;
(iii) retention by the parties and/or their representatives of their unredacted files for the purpose of their continuing functions and obligations in relation to proceedings;
(iv) communications between the Claimant and his representatives or indemnity organisation or any additional organisation or individual from whom he seeks the assistance of in connection with these proceedings.
9. 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. For that purpose, a court officer will send a copy of the Order by email to the Judicial Office at judicialwebupdates@judiciary.uk
10. The cost of obtaining this Order shall be costs in the case.