Rosolite Mortgages -v- Isobel Thomson (privacy order)
Case number: M0PP9292
In the County Court at North Shields
9 June 2025
Before:
District Judge Phillips
Between:
Rosolite Mortgages Limited
-v-
Isobel Fiona Thomson
Order
UPON a hearing taking place on 9 June 2025 in relation to the claim for possession
AND UPON the Defendant issuing an application during a short adjournment in that hearing and which seeks leave to rely upon documents that are considered by her to be (1) commercially confidential and (2) also personal medical information
AND UPON the Defendant also seeking an order that the hearing ought to be held in Private to secure such confidentiality
AND UPON the present documentary evidence being collected in haste by the Defendant and requiring further supporting documents from her records held at home
AND UPON the next hearing of this matter being listed to take place on 18th August 2025 at 12 noon
ORDER:
- The Defendant’s application is allowed in part.
2. Pursuant to CPR 39.2 (3) (c) that part of the next hearing which is required to consider the commercially confidential information relied upon by the Defendant in her application shall be heard in private pursuant to CPR 39.2 (c).
3. The balance of the Defendant’s application is dismissed.
4. It is intended that the remainder of the hearing and judgment shall be in public.
REASONS
a. This is an application in connection with a claim for possession of a residential home made by the mortgagee.
b. In the claim, the Defendant argues that further time should be allowed in order for her to realise funds and that account should be taken by the Court and the Claimant of her present medical condition(s).
c. In order to support her representations the Defendant seeks to rely upon commercially confidential documents and negotiations that might support her claim for further time under the applicable rules and laws and the publication of any part of those details might be in breach of obligations and duties of confidentiality and result in a failure of the negotiations and/or create a further liability on her part.
d. The grounds for a partial order under CPR 39.2 (3) (c) therefore appear to be made out in that regard.
e. Whilst the discussion of medical details in open court might well be embarrassing the present issues are not such as to require privacy. The Court records that non-parties to Court proceedings are not entitled to obtain copies of documents filed in support of an application unless the Court approves such a request for copies – and it is difficult to understand why the Court would do so in relation to medical records of this type – and that provides a measure of protection consistent with the Defendant’s rights. That part of the hearing shall be heard in public.
6. All evidence that the Claimant intends to rely upon in order to support her application and her Defence to
the principal claim should be filed at Court and served upon the Claimant by 4pm on 23 June 2025 and should include:
a. up to date evidence of any relevant commercial negotiations;
b. an explanation of when funds might be received in relation to the same;
c. any further medical evidence that the Defendant wishes the Court to take into account which should include reference to (1) these specific proceedings (2) the effect of these proceedings upon the Defendant and (3) the medication taken and prognosis of any relevant conditions as a minimum; and
d. up to date evidence of receipt of relevant benefits including any Support for Mortgage Interest and a calculation of how much can be expected in that regard.
7. All applications in relation to access to documentation from the Court file by non-parties are reserved to
District Judge Phillips.
8. Pursuant to CPR 39.2 (5) a copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk).
9. Any party affected by this order has the right to have it set aside or varied or stayed. Any such application should be filed no later than 7 days after service of this order upon them.