SJC -v- George Eliot Hospital NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2023-002599

In the High Court of Justice
King’s Bench Division

11 September 2023

Before:

Master Stevens

Between:

SJC

-v-

George Eliot Hospital NHS Trust

Order

UPON the Claimant’s Application Notice issued on 6 June 2023

AND UPON

  1. Consideration of the Claimant’s Article 8 rights of the Claimant to respect for private and family life and the Article 10 right of freedom of expression.
  2. It appearing that the case is likely to attract publicity and that revealing the identity of the Claimant is likely to unfairly damage the interest of the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited as there is no sufficient countervailing public interest in disclosure .
  3. The Defendant indicating its neutrality to making an 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, 5.4C, 5.4D and CPR Rule 39.2(4).

WHEREAS for the purpose 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 (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

AND UPON reading and considering the Claimant’s Solicitor’s witness statement and upon considering the application without notice.

IT IS ORDERED that

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. 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 or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a) The Claimant shall be referred to as “SJC”
    b) Any other details which, on their own or together with other information publicly available, may lead to the identification “of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
  5. Pursuant to CPR Rules 5.4A, 5.4C and 5.4D:
    a) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(a) to (b) above.
    b) 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, trustee or deputy.
  6. 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 the date of 21 days from date of the order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  7. The Claimant has permission to issue the claim form giving the address of their solicitors in place of their residential addresses.
  8. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [date of this Order] 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.”
  9. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  10. 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
  11. The costs obtaining this order be costs in the case.