YP -v- BARNET, ENFIELD AND HARINGEY MENTAL HEALTH NHS TRUST (anonymity order)
CLAIM NO: QB-2017-003108
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISON
Date: 27/01/2022
BETWEEN:
YP
(On behalf of the Dependants of GC, Deceased and as Administrator
of the Estate of the Deceased)
-v-
BARNET, ENFIELD AND HARINGEY MENTAL HEALTH NHS TRUST
__________________________
ANONYMITY ORDER
Warning: Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant is prohibited.
UPON the Claimant’s application
AND UPON consideration of the Claimants’ Article 8 rights to respect for private and family life and the Article 10 rights to freedom of expression.
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant, the Claimant’s son, and the Deceased is necessary in order to protect the interests of the Claimant and his son
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. That the identity of the Deceased, the Claimant and the Claimant’s son not be disclosed.
2. That the Deceased, the Claimant and the Claimant’s son, who is a Protected Party, be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as follows: the Deceased is referred in those documents only as “GC”, the Claimant be referred to in those documents only as “YP” and his son as “ZC”.
3. That the address of the Claimant and his son be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitor.
4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s or his son’s name or address already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
5. That the original of any such document disclosing the name or address of the Claimant or his son are to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Master of the Queen’s Bench Division”.
6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Deceased, the Claimant or his son. The publication of the name and/or address of the Deceased, the Claimant or his son or immediate family is prohibited.
8. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the anonymised parties in relation to the payment of the money into the Court Funds Office for the benefit of the anonymised parties or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the anonymised parties and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised parties or any such financial institution in relation to such money.
9. That the Claimant do by 3 February 2022 draw and file this Order and serve the same on the Defendant.
10. That the Defendant may apply under rule 23.10 to have this Order set aside or varied.
11. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
12. No order as to costs.