RKT -v- Essex Partnership University NHS Foundation Trust (anonymity order)

King's Bench DivisionAnonymity Order

CLAIM NO: QB 2020-002033

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ROYAL COURTS OF JUSTICE

Date:05/04/2022

Before:
Deputy High Court Judge Clare Padley

Between:
RKT
(A Protected Party by his sister and Litigation Friend GKT)
-v-
Essex Partnership University NHS Foundation Trust

ANONYMITY ORDER

Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant is prohibited.

Before Deputy High Court Judge Clare Padley sitting at the Royal Courts of Justice on 5 April 2022

UPON the Claimant’s application

UPON HEARING Mr Isaac Hogarth, Counsel, on behalf of the Claimant and Mr Robert Cumming, Counsel, on behalf of the Defendant

AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and the Article 10 rights to freedom of expression.

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and Claimant’s Litigation Friend is necessary in order to protect the interests of the Claimant.

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

IT IS ORDERED THAT:
1. That the identity of the Claimant and the Claimant’s Litigation Friend is not be disclosed.

2. That the Litigation Friend and the Claimant who is a Protected Party, be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as follows: the Litigation Friend is referred in those documents only as “GKT”, the Claimant be referred to in those documents only as “RKT.”

3. That the address of the Claimant and his Litigation Friend 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 solicitor.

4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s or his Litigation Friend’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.

5. That the original of any such document disclosing the name or address of the Claimant or his Litigation Friend are to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Master of the Queen’s Bench Division”.

6. The Court electronic file should record that an anonymity order has been made in this case.

7. 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”.

8. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or his Litigation Friend. The publication of the name and/or address of the Claimant or his Litigation Friend is prohibited.

9. The provisions of this Order shall not apply:-

(i) to communications between the Court Funds Office and the anonymised parties in relation to the payment of the money into the Court Funds Office for the benefit of the anonymised parties or the investment or treatment of payment out of such money;

(ii) to communications between the Court Funds Office and/or the anonymised parties 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 parties or any such financial institution in relation to such money.

10. The Claimant’s legal representatives shall agree a minute of this order with the Defendant’s legal representatives and file by 4pm on 6 April 2022.

11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

12. 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

13. No order as to costs.

 

DATED 5th April 2022.