SLS -v- Ministry of Defence (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Case number: KB-2022-BHM-000250

In the High Court of Justice
King’s Bench Division

27 April 2023

Before:
Karen Ridge

Between:
SLS (Executrix of the Estate of SS, Deceased)
-v-
The Secretary of State for Health


Anonymity Order

BEFORE Karen Ridge sitting as a Deputy Judge of the High Court on 27th April 2023 remotely via MS Teams

UPON HEARING Mr Richard Livingston, Counsel for the Claimant, and Mr. Kam Jaspal, Counsel for the Defendant

AND WHEREAS the Court is aware that a Dependent (“the Dependent”) in this action is or may be a Protected Beneficiary

AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application

AND UPON the Claimant’s application for anonymity dated 27th April 2023:
(1) Consideration of the Article 8 rights of the Claimant and the Dependent 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 and Dependent is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and Dependent and that there is no sufficient countervailing public interest in disclosure; and
(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 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 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 (1) 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 BY CONSENT THAT:

  1. The identities of the Claimant as a party to these proceedings, the Deceased and the Dependent are confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), here shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Dependent, the Deceased or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of:
    (1) (SLS) as the Claimant in these proceedings;
    (2) (SS) as the Deceased; and
    (3) (RM) as the Dependent.
    (4) The Claimant and the Litigation Friend 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:
    (1) The Claimant shall be referred to as (“SLS”);
    (2) The Deceased shall be referred to as (“SS”); and
    (3) The Dependent shall be referred to as (“RM”)
    (4) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant, the Deceased or the Dependent (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (1) 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(1) to (4) above.
    (2) 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.
  5. 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 4 pm on 18th May 2023 and re-filed if any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27th April 2023 and any application by a nonparty to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  7. 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.
  8. 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.
  9. The costs of the claim having been agreed and paid, there shall be no order as to the costs of obtaining this order.