SRK -v- Nottingham University Hospitals NHS Trust & Ors (anonymity order)
Claim No: J00NG248
In the County Court at
District Judge Carter
SRK (WIDOW & PERSONAL REPRESENTATIVE OF JS DECEASED)
(1) NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST
(2) BIRMINGHAM WOMENS AND CHILDRENS NHS FOUNDATION TRUST
BEFORE District Judge Carter
SITTING REMOTELY by way of CVP hearing on 15 June 2022
AND UPON HEARING Lead Counsel for the Claimant and Counsel for the Defendant
(1) Consideration of the Article 8 rights of the Claimant and her family 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 her family is necessary in order to protect the
interests of the Claimant and her family and that there is no sufficient countervailing public interest in disclosure.
(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).
(1) For the purposes of this order:
(i) ‘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.
(ii) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i)
above) from the date of this Order, even if such information has derived from a previous stage or stages of these
(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records
which do not constitute publication within the meaning of this order (providing always that proper steps are taken
to protect the confidentiality of information from being made public). In this list references to ‘the anonymised
party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney,
trustee and deputy.
(i) Communications between the Court Funds Office and the anonymised party in relation to the payment of
money into the Court Funds Office for the benefit of the anonymised party or the investment or treatment of
payment out of such money.
(ii) Communications between the Court Funds Office, the anonymised party, and any financial institution
concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution concerned as to
the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the
purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and their legal and
professional advisers, reinsurers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit
or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.
IT IS ORDERED THAT:
1. The identity of the Claimant and her family as a party to these proceedings is protected and shall not be
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 of SRK as the Claimant in these
proceedings. The Claimant and her family 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 Claimant shall be referred to as “SRK”;
(ii) The deceased shall be referred to as “JS”;
(iii) The Claimant’s daughter shall be referred to as “AK”;
(iv) Any other details liable to lead to the identification of the Claimant (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) to (iii) 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 Claimant’s solicitor, trustee or deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15th June
2022 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 notice to the Claimant’s solicitor, trustee or deputy, and
that 7 days’ prior notice of the intention to make such an application is given.
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 email@example.com.
8. The costs of obtaining this order be costs in the case.
Dated 15 June 2022