Case No: CO/70/2022
In the High Court of Justice
King’s Bench Division
6 December 2022
The Honourable Mrs Justice Collins Rice
The King on the application of Y
Supply Chain Coordination Limited
(1) Collaborative Procurement Partnership LLP (interested party)
(2) Secretary of State for Health and Social Care (interested party)
(3) Supermax Healthcare Limited (interested party)
Upon an application by the Claimant and two further intended individual claimants, dated 17th March 2022, for joinder of the intended claimants in the claim, subject to arrangements to protect their identity for reasons set out in witness statements;
And Upon that joinder application being refused by Order of Foxton J dated 17th May 2022, the Judge observing that if the Claimant nevertheless wished to rely on the intended claimants’ evidence, a confidentiality order would in principle be appropriate, given the concerns expressed by the intended claimants as to the potential consequences for them should their identities become widely known;
And Upon an application by the two intended claimants dated 24th May 2022 to renew their application for joinder in the claim, on terms of anonymity, to an oral hearing;
And Upon an Order of Saini J dated 22nd June 2022 directing that the renewed application be determined by the Judge at the start of the substantive judicial review hearing;
And Upon the substantive judicial review hearing being listed for 22nd November 2022, but the parties reaching settlement on 10th November 2022, a consent order being approved by Bourne J on 17th November 2022, and the substantive hearing vacated;
And Upon an application by the Claimant and the two intended claimants dated 22nd November 2022 (issued 24th November 2022) for a formal anonymity order, pursuant to CPR 39.2(4), to protect the intended claimants’ identities and their desire to participate in the proceedings, notwithstanding the conclusion of the proceedings;
And Upon the Defendant and the First Interested Party confirming they have no objection to the application, and no objection having been received from the other Interested Parties;
Following consideration of the documents lodged by the Claimant and perusal of the court file herein;
And Upon being satisfied, in light of the evidence provided by the two intended claimants, that non-disclosure of their identity is necessary to secure the proper administration of justice and in order to protect their interests:
- There be substituted for all purposes in these proceedings, including on the Court’s Register of Claims, and whether orally or in writing, in place of reference to the two individuals by name, the letters ‘Y’ and ‘Z’ respectively.
- Until further order, the publication of the names of ‘Y’ or ‘Z’, or any particulars or details which may lead to their identification in connection with these proceedings, shall be prohibited.
- If and insofar as permission is granted to any party or non-party to obtain any document or inspect any document from the Court records, that document must be edited or adjusted in accordance with paragraphs 1 and 2 of this Order.
I am satisfied on the basis of the evidence I have seen that there is a sufficient basis for the fears attested to by Y and Z that, should their interest in these proceedings become known, they would be at real and immediate risk, in relation to their factory employment in Malaysia, of harassment, intimidation and the loss of their and their families’ livelihood.
The identities of Y and Z were protected during the currency of the proceedings by a ‘confidentiality club’ arrangement. The Order continues that protection notwithstanding the conclusion of the proceedings, on the basis that documentation about their interest in the proceedings remains on the court file and their identities would otherwise be vulnerable to being exposed.
I am satisfied that the restrictions placed in this Order, which make access to material capable of disclosing the identities of Y and Z subject to the continuing supervision of the Court, are no more than is necessary and proportionate.