YBR -v- The Princess Alexandra Hospital NHS Trust -and- Newton (anonymity order)
Claim No: QB-2022-000355
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 01/02/2022
Before:
Master Eastman
Between:
YBR (A Child Proceeding By His Litigation Friend
ARR)
-v-
(1) The Princess Alexandra Hospital NHS Trust
(2) Dr James Newton
ORDER
UPON READING an application notice by the Claimant dated 1st February 2022
AND UPON consideration of the Claimant’s 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 Claimant is
necessary in order to protect the interests of the Claimant.
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:-
1. That the identity of the Claimant and of the litigation friend be not disclosed.
2. That the Claimant and the litigation friend 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 “YBR” and “ARR”
3. That in so far as necessary, any statement of case or other document
disclosing the Claimant’s name or address or the name or address of the litigation
friend already filed in the proceedings be replaced by a document describing such
name or address in anonymised form as above.
4. That the original of any such document disclosing the name or address of the
Claimant or of the litigation friend is to be placed on the Court file in a sealed envelope
marked “not to be opened without the permission of a Judge, Master or District Judge
of the Queen’s Bench Division”.
5. 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”.
6. That reporting restrictions apply as to the disclosing of any information that may
lead to the subsequent identification of the Claimant or litigation friend. The publication
of the name and address of the Claimant or of any member of the Claimant’s
immediate family or the name and address of the litigation friend is prohibited.
7. The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office and the
anonymised party or Litigation Friend in relation to the payment of
money into the Court Funds Office for the benefit of the anonymised
party or the investment or treatment of payment out of such money;
(ii) to communications between the Court Funds Office and/or the
anonymised party or Litigation Friend 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 party
or Litigation Friend or any such financial institution in relation to such
money.
8. That the Claimant do by 14th February 2022 draw and file this Order and serve
the same on the Defendant.
9 A copy of this order shall be published on the Judicial Website of the High
Court of Justice specifying that the Claimant shall be referred to as YBR on the
anonymity order.
10. (in so far as the Order is made under rule 23.9 without service of a copy of the
application notice on the Defendant) That the Claimant do comply with rule 23.9(2) by
service on the Defendant.
11. That the Defendant may apply under rule 23.10 to have this Order set aside or
varied.
12. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
13. Costs in the case
Dated this 01st day of February 2022