SWX -v- Imperial College Healthcare NHS Trust (anonymity order)
Claim No: QB-2020-002691
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 11/05/2022
Before:
Master Cook
Between:
1. SWX
2.PWX
3.KWX
(As Administrators Of The Estate Of MYZ Deceased)
-v-
Imperial College Healthcare NHS Trust
ANONYMITY ORDER
BEFORE MASTER COOK sitting at the Royal Courts of Justice, Strand, London
WC2
UPON HEARING via Microsoft Teams Leading Counsel for the Claimants and
Leading Counsel for the Defendant
AND UPON consideration of the Claimants’ Article 8 right to respect for private and
family life and the Article 10 right to freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the Claimants and
the deceased is necessary to protect the interests of the Claimants and the deceased’s
child
AND UPON the Defendant indicating its neutrality to the making of the order and there
being no representations from any interested party
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II 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 identity of the Claimants and the deceased in these proceedings is protected
and shall not be published. For this purpose:
(i) ‘publication’ includes any speech, writing, broadcast, or other communication in
whatever form, which is addressed to the public at large or any section of the public.
(ii) publication of any name, address, picture, or other information that could lead to
identification of SWX, PWX, KWX or MYZ as the current or former Claimants in these
proceedings is prohibited.
2. Pursuant to CPR 39.2(4), there shall not be disclosed in any report of these
proceedings the names or addresses of the Claimants or the deceased, or their
children, or any details that could lead to the identification of them as the current or
former Claimants in these proceedings. The Claimants and 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 Claimants shall be referred to as “SWX”, “PWX” and “KWX” respectively;
(ii) The deceased shall be referred to as “MYZ”;
(iii) Any other details liable to lead to the identification of the Claimants or the deceased
(including any names of other family members or addresses) shall be redacted before
publication.
4. Pursuant to CPR 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 Claimants’
Solicitors.
5. The Court file shall be clearly marked with the words “An anonymity order was made
in this case on 11th May 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, providing that any such application is made on
notice to the Claimants’ Solicitors, and that 7 days’ prior notice of the intention to make
such an application is given.
7. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following,
which do not constitute publication within the meaning of paragraph 1 (providing
always that proper steps are taken to protect the confidentiality of information from
being made public):-
(i) Communications between the Court Funds Office and the anonymised party/parties
or representatives in relation to the payment of money into the Court Funds Office or
the investment or treatment of payment out of such money.
(ii) Communications between the Court Funds Office, the Claimants’ representatives,
or any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any
financial institution concerned as to the receipt or investment of such money
(iv) Retention by the parties and/or their representatives of their unredacted files for
the purposes of their continuing functions and obligations in relation to the
proceedings.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’
issued by the Master of the Rolls on 17 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 sent a copy of the order by email to the Judicial Office
at judicialwebupdates@judiciary.uk.