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SWM -v- Lewisham Healthcare NHS Trust (anonymity order)

Claim No.: QB-2013-004708

In the High Court of Justice

Queen’s Bench Division

21 May 2020

Before:

Master Cook

Between:

SWM

-and-

Lewisham Healthcare NHS Trust


UPON consideration of the claimants application dated 14th May 2020
AND UPON:
(1) Consideration of the Claimant’s family’s Article 8 rights 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 the Claimant’s family is necessary in order to protect the interests of the Claimant’s family, in particular her minor children.
(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 11 Contempt of Court Act 1981; and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4)
IT IS ORDERED THAT:
1. The identity of the Claimant and her family in these proceedings is protected and shall not be published.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 the name or address of the Claimant, or the Claimant’s family members, or any details that could lead to the identification of the Claimant. The Claimant and the Claimant’s child, to whom these proceedings relate, shall be referred to as set out at paragraph 3 of this Order.
3. In any report of these proceedings or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to as “SWM”
(2) The Claimant’s child, to whom these proceedings relate, shall be referred to as “TWM”
(3) The Claimant’s address shall be replaced with “c/o Leigh Day”
(4) Any 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.
4. Pursuant to CPR Rule 5.4C:
(i) 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 3 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 obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s Solicitor or Deputy.
5. 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 Order is made on notice to the Claimant’s Solicitor or Deputy and that 7 days’ prior notice of the intention to make such an application is given.

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