XXX -v-Kent and Medway NHS and Social Care Partnership Trust (anonymity)
Claim No.: QB-2019-003607
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
18 November 2020
Before:
Master Eastman
Between:
XXX
-v-
Kent and Medway NHS and Social Care
Partnership Trust
UPON HEARING by telephone William Latimer-Sayer QC, Counsel for the Claimant,
and Helen Carrington, Solicitor for the Defendant
AND UPON:
(1) Consideration of the Claimant’s and dependants of the deceased 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 her
immediate family is necessary in order to protect the interests of the Claimant
and dependents of the deceased.
(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 5.4Cand
5.4D and CPR Rule 39.2(4)
IT IS ORDERED THAT:
1. 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
immediate family, or any details that could lead to the identification of the
Claimant or the Claimant’s immediate family and dependents of the deceased.
The Claimant shall be referred to as set out at paragraph 3 of this Order.
2. Pursuant to CPR 5.4C, 5.4D, and 39.2(4), In any report of these proceedings
or other publication (by whatever medium) in relation thereto:
(1) The Claimant shall be referred to as “XXX”
(2) 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.
3. 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.
4. Provided that the parties and/or their advisers and/or NHS Resolution do not
publish any documents containing references to the Claimant or his Litigation
Friend or mother by name the parties be at liberty to retain their files in this
case without alteration or substitution and to retain and generate internal
documentation which identifies the Claimant and his Litigation Friend and
mother for the purposes of their continuing rights and obligations in relation to
dealing with this claim and paragraphs 1 and 2 shall not apply in those respects.
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.