Sovereign Housing Association Limited -v- AB

County CourtAnonymity Order

CLAIM NO: L00N1135

IN THE COUNTY COURT AT NEWPORT (IOW)

14 August 2025

Before:

DEPUTY DISTRICT JUDGE KELLY

Between:

Sovereign Housing Association Limited

-v-

AB (A Protected Party, by the Official Solicitor as Litigation Friend)

Order

BEFORE DEPUTY DISTRICT JUDGE KELLY sitting at the County Court at Newport (Isle of Wight), 1 Quay Street, Newport, Isle of Wight, PO30 5YT.

Having Heard from Mr Savill Counsel for the Claimant and Miss Bushby Counsel for the Defendant.

AND UPON considering the application on behalf of the Defendant notice dated 15 July 2025 and:

  1. Consideration of the Article 8 rights of the Defendant 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 Defendant is necessary to secure the proper administration of justice and in order to protect the interests of the Defendant and that there is no sufficient countervailing public interest in disclosure.

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 (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 THAT:

  1. The identity of the Defendant as a party to these proceedings is confidential and shall not be published.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 Defendant, 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 CD (also known as CD) as the Defendant in these proceedings.  The Defendant 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:
    i) The Defendant shall be referred to as AB
    ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Defendant (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:
    i) 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(i) and (ii) above.
    ii) 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 Defendant’s solicitor and also the Official Solicitor as the Defendant’s litigation friend in these proceedings.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 14 August 2025 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.” 
  6. 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 Defendant’s solicitor and also the Official Solicitor as the Defendant’s litigation friend in these proceedings. 
  7. 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.
  8. Costs in the case

Order

BEFORE DEPUTY DISTRICT JUDGE KELLY  sitting at the County Court at Newport (Isle of Wight), 1 Quay Street, Newport, Isle of Wight, PO30 5YT.

UPON hearing Mr Savill Counsel for the Claimant and Miss Bushby Counsel for the Defendant

AND UPON the Court considering the Certificate of Capacity to Conduct Proceedings completed by Dr David Morton, Consultant Forensic Psychiatrist dated 19th May 2025 in respect of the Defendant which confirms that the Defendant lacks capacity to conduct these proceedings

AND UPON the court considering the report of Dr Morton, consultant forensic psychiatrist dated 20th May 2025

AND UPON the Court considering the Certificate of Suitability of a Litigation Friend signed by the Official Solicitor on 1st July 2025

AND UPON the Court noting the application for an Anonymity Order on behalf of the Defendant and considering that such an Order is necessary in light of the fact that any trial will inevitably involve discussion of the Defendant’s mental health, and her lack of capacity in various domains.  The Defendant must be deemed vulnerable as a result and there is no public interest in the Defendant being identifiable from any report or judgment in the proceedings

AND UPON the Court being satisfied that:

  1. The Defendant lacks capacity to conduct these proceedings within the meaning of the Mental Capacity Act 2005; and
  2. The Defendant is a protected party.

IT IS ORDERED THAT:

  1. The Official Solicitor is appointed as the Defendant’s Litigation Friend.
  2. The claim is allocated to the fast track, complexity band 4. Allocation questionnaires are dispensed with.
  3. The Defendant shall file and serve her Defence (and counterclaim if so advised) by 4pm on 4th September 2025.
  4. The Claimant shall file and serve any Reply to Defence (if so advised) and any Defence to Counterclaim (if applicable) by 4pm on 29th September 2025.

Expert Evidence

5. The Defendant has permission to rely on the report of Dr David Morton, consultant forensic psychiatrist dated 20th May 2025 and the addendum report dated 28th July 2025.

6. The Defendant shall put written questions to Dr Morton, by 4pm on 4th September 2025.

7. Replies to all Part 35 questions shall be provided by 4pm on 18th September 2025.   

8. A party seeking to call the expert to give oral evidence at trial must apply for permission to do so before pre-trial check lists are filed.

Disclosure

Disclosure shall take place as follows:          

9. Each party shall provide standard disclosure by list by 4pm on 18th September 2025.

10. Requests for inspection shall be made by 4pm on 2nd October 2025.

11. Copies shall be supplied by 4pm on 9th October 2025.

Appointment of Assessor

12. The Court shall appoint an Assessor with expertise in the area of disability discrimination and housing to assist the judge at trial, pursuant to section 114 Equality Act 2010 and section 63(1) of the County Courts Act 1984. The appointment of the Assessor is the responsibility of the Court and shall be dealt with as follows:

    1. A copy of this order shall be provided forthwith to the responsible court officer;
    2. The Court shall contact the Regional Employment Judge of the Bristol Employment Tribunal at the Bristol Civil Justice and Family Centre, 2 Redcliffe Street, Bristol, BS1 6GR, bristolet@justice.gov.uk to obtain details of assessors able to be present at trial. An appropriate assessor shall be appointed by the court and the costs of the assessor shall be met by the court in accordance with the Judicial Remuneration Rates.
    3. The Court shall notify the parties in writing of the identity and provide the CV of the proposed assessor 21 days before their appointment;
    4. The parties shall write to the Court with any objections to the identity of the proposed Assessor within 7 days of being notified by the Court. The court shall take any reasons for objection into account when deciding whether or not to appoint that person;
    5. The identity of the Assessor shall be confirmed by the Court and notified in writing to the parties by the date of the pre-trial view;
    6. The court shall send a copy of this order to the appointed Assessor on appointment.

    13. The parties shall file and serve witness statements of no more than 2 witnesses upon whose oral evidence they intend to rely, witness statements of any witnesses in respect of whom they file a hearsay notice and all notices relating to evidence by 4:00pm on 20 November 2025

    14. The Claimant shall file and serve a schedule of not more than 10 pleaded allegations which it seeks to prove at trial by 4pm on 20 November 2025

    15. The Defendant shall file and serve a copy of the Schedule of Allegations, incorporating her response to the allegations by 4pm on 11 December 2025

      Pre-Trial Review

      16. The matter shall be listed for a Pre-Trial Review on the first available date after 18 December 2025, with a time estimate of 1 hour. The hearing shall be held by Microsoft Teams (Court to arrange).

        Trial Directions

        17. The matter be listed for trial on the first open date after 15 January 2026 with a time estimate of 2 days to accommodate any reasonable adjustments that the Defendant may need to allow her to give evidence at Trial.

        18. The trial directions are as follows:
        a) No more than 14 and no less than 7 clear days before the trial, the claimant must file at court and serve an indexed and paginated bundle of documents (in electronic and hard copy), which complies with the requirements of Rule 39.5 Civil Procedure Rules and Practice Direction 39A. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle shall include an agreed:

        1. Succinct case summary of not more than 500 words
        2. List of issues
        3. The trial timetable
        1. The parties must file with the court and exchange skeleton arguments by email at least 3 days before the trial. The claimant shall produce in electronic format a composite bundle of authorities (separated into categories (statutory law, caselaw and miscellaneous documents) and presented in chronological order within each category) no later than 1 clear day before trial.
        2. The Claimant has permission to serve an updating witness statement of no more than 6 pages setting out any further allegations of anti-social behaviour since the statement(s) Ordered to be filed and served by 20 November 2025. Any such statement must be filed and served no more than 21 days before trial.
        3. The Defendant has permission to serve a witness statement in response to the Claimant’s witness statement allowed immediately above. Any such statement must be no more than 6 pages and must be filed and served no more than 14 days before trial