SUS -v- OYA (Anonymity order)

King's Bench DivisionAnonymity Order

Claim No: QB-2021-003473

In the High Court of Justice
Queen’s Bench Division

15 December 2021

Before:

Master Stevens

Between:

SUS
(Widow and Administratrix of the Estate of SSP, deceased)

-v-

OYA


ORDER

UPON HEARING Counsel for the parties
AND UPON:
(1) Consideration of s12 of the Human Rights Act 1998.
(2) The Court being satisfied that an order non-disclosure of the identity of the Claimant, the Defendant, the Deceased and the dependents of the Deceased is necessary in order to protect the interests of the Claimant and the dependents of the Deceased, 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.
WHEREAS:
(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 proceedings.
iii) 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.
(iv) 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.
(v) Communications between the anonymised parties’ representatives and advisers in managing that party’s affairs.
(vi) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised parties.
(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.
IT IS ORDERED pursuant to the Article 8 rights of the Claimant and dependents of the Deceased to respect for private and family life, and the Article 10 right to freedom of expression, and /or pursuant to CPR Rule 39.2(4) and section 6 of the Human Rights Act 1998, CPR section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D
BY CONSENT that:
1. The identity of the parties to these proceedings is protected 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 parties, the Claimant’s Litigation Friend 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 SUS as the Claimant or KSP and RSS as the dependent children of the Deceased in these proceedings, nor of OYA as the Defendant. The parties and the dependents of the Deceased 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 “SUS”.
(ii) The Defendant shall be referred to as “OYA”.
(iii) The Deceased shall be referred to as “SSP”.
(iv) The Deceased’s dependent son shall be referred to as “RSS”.
(v) The Deceased’s dependent daughter shall be referred to as “KSP”.
(vi) The Claimant’s address shall be referred to as c/o Stewarts Law LLP and the Defendant’s address shall be referred to as c/o BLM.
(vii) Any other details liable to lead to the identification of the parties (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 solicitors.
4. A non-party may not inspect or obtain a copy of any document from the court file (other than this Order duly anonymised as directed) without the permission of a Judge or Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimant. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 15h December 2021 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.”
5. 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, and that 7 days’ prior notice of the intention to make such an application is given.
6. 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.
7. The costs of obtaining this order be costs in the assessment.