NRS and LSR (interested party) -v- Berkshire Healthcare NHS Foundation Trust (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Claim Number: KB-2022-003985
In The High Court Of Justice
King’s Bench Division
23 February 2023
NRS (in her own right and on behalf of the dependants of LSR)
Berkshire Healthcare NHS Foundation Trust
UPON HEARING solicitors for the Claimant and solicitors for the Defendant
(1) Consideration of the Claimant’s child dependant’s Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant’s dependant child is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant’s dependant child and that there is no sufficient countervailing public interest in disclosure.
(3) 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, section 11 Contempt of Court Act 1981; and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
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:
- The identity of the Claimant’s child dependant in these proceedings is confidential and shall not be published.
- 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’s dependant child, or the Claimant’s dependant child’s parents, or any details that could lead to the identification of the Claimant’s dependant child. The Claimant and the child dependant shall be referred to as set out at paragraph 3 of this Order.
- In any judgement or report of these proceedings or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to as “NRS”
(2) The child dependant shall be referred to as “MPE”
(3) The deceased should be referred to as “LSR”.
(4) Any other details which, on their own or together with other information publicly available, are liable to lead to the identification of the Claimant’s dependant child (including any names of other family members or addresses) shall be redacted before publication.
- Any existing report of these proceedings should be amended or redacted so as comply with paragraphs 2 and 3 above.
- Pursuant to CPR Rule 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may inspect or obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, Judgment or Order has been anonymised in accordance with paragraph 3 above.
(ii) If a person who is not a party to the proceedings applies (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.
- 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 16 March 2023 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 23 February 2023 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.”
- Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor and that 7 days’ prior notice of the intention to make such an application is given.
- 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 email@example.com.
- The costs of obtaining this order be costs in the assessment.