SMA -v- East Kent Hospital University NHS Foundation Trust (anonymity order)
Claim No.: QB-2016-001461
In the High Court of Justice
Queen’s Bench Division
17 June 2021
Before:
Master Cook
Between:
SMA
-v-
East Kent Hospital University NHS Foundation Trust
ORDER
UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the
Article 10 right to freedom of expression
AND UPON 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 UPON IT APPEARING that non-disclosure of the identity of the Claimant and her children
is necessary in order to protect the interests of the Claimant and her children
AND PURSUANT to Rule 39.2(4) of the Civil Procedure Rules and Section 11 of the Contempt
of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:
1. The identities of the Claimant and her children shall not be disclosed.
2. The Claimant shall be described in any judgment or Order in these proceedings and in any report of the proceedings and in any further proceedings arising out of the index incident the subject of this claim by the press or otherwise as “SMA”, and other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication.
3. Pursuant to CPR Rules 5.4C and 5.4D:
a. A person who is not a party to the proceedings may 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 2 above, and
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.
4. The file is to be retained by the Court and marked “Anonymised”.
5. The provisions of this Order shall not prohibit the Defendant, the Defendant’s insurers or
the Defendant’s insurers’ successors in title from disclosing the Claimant’s name and address or any other information tending to identify her to their reinsurers, their legal and professional advisers, HM Revenue & Customs (or its successor) the Compensation Recovery Unit or any other person required by law provided that any such person in receipt of such disclosure shall be informed in writing of this Order of the Court.
6. The provisions of this Order shall not apply (without further Order) to any claim for indemnity
or contribution which the Defendant may bring against any third party in respect of its liability to the Claimant in this action but should the Defendant issue any such claim against any third party the Defendant will within 7 days inform the Claimant’s solicitor in writing of the issue of such proceedings.
7. 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.
8. Costs in the case