RM v SHC (Approved) [2023] IEHC 252 (15 May 2023)

RM v SHC (Approved) [2023] IEHC 252 (15 May 2023)

The defendant’s medical condition is repeatedly referenced in evidence central to the proceedings, and identification would likely cause undue stress. Section 27 applies, and a straightforward anonymisation order is necessary and not prejudicial to the interests of justice.

Source-derived case information.

Citation
[2023] IEHC 252
Parties
Plaintiff: RM; Defendant: SHC
Jurisdiction
Ireland
Judgment Date
15 May 2023
Procedural Posture
Civil / Interlocutory Application for Anonymity Order
Outcome
application granted
Legal Topics
Anonymity in Civil Proceedings, Medical Confidentiality, Publication Restrictions, Employment Termination
Employment Law Civil Procedure Anonymity in Civil Proceedings Medical Confidentiality Publication Restrictions Employment Termination

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Parties

RM

Plaintiff

SHC

Defendant

Procedural Posture

Civil / Interlocutory Application for Anonymity Order

Legal Issues

  1. 1 Whether the defendant is entitled to an anonymity order under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 due to her medical condition
  2. 2 Whether the identification of the defendant as a person with a medical condition would cause undue stress and whether such an order would be prejudicial to the interests of justice

Ratio Decidendi

The defendant’s medical condition is repeatedly referenced in evidence central to the proceedings, and identification would likely cause undue stress. Section 27 applies, and a straightforward anonymisation order is necessary and not prejudicial to the interests of justice.

Court Disposition

application granted

Orders

  • Order pursuant to section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 prohibiting publication or broadcast of any matter relating to the proceedings which would or would be likely to identify the defendant as a person having the medical condition from which she is suffering.
  • Anonymisation of the identities of both parties, their addresses, occupations, and professions in any publication or broadcast relating to the proceedings.