AAA -v- Bedfordshire Hospitals NHS Foundation Trust (anonymity order)
Claim number: KB-2024-001110
In the High Court of Justice
King’s Bench Division
5 April 2024
Before:
Master Brown
Between:
AAA (a Child Proceeding by her Father and Litigation Friend DXW)
-v-
Bedfordshire Hospitals NHS Foundation Trust
……………………………………………………………………………………………………………………………………………………………………………………….
ANONYMITY ORDER
UPON READING the Application Notice dated 05 April 2024:
(1) Consideration of the Article 8 rights of the Claimant and her Litigation Friend 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 is necessary to secure the
proper administration of justice and in order to protect the interests of the Claimant and her
Litigation Friend and that there is no sufficient countervailing public interest in disclosure.
(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 6 of the Human Rights Act 1998; section 11 of the Contempt of
Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever
form (including internet and social media), which is addressed to the public at large or any
section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in
subparagraph (i) above) from the date of this Order, even if such information has derived
from a previous stage or stages of these proceedings.
IT IS ORDERED THAT:
- The identity of the Claimant and her Litigation Friend as a party to these proceedings
is confidential and shall not be published. - Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these
proceedings or other publication the name or address of the Claimant, the Claimant’s
Litigation Friend or other immediate family members, or any details (including other
names, addresses, or a specific combination of facts) that could lead to the
identification of AAA as the Claimant in these proceedings. The Claimant and the
Litigation Friend shall be referred to as set out at paragraph 3 of this Order. - In any judgment or report of these proceedings, or other publication (by whatever
medium) in relation thereto:
(i) The Claimant shall be referred to as “AAA”.
(ii) The Litigation Friend shall be referred to as “DXW”.
(iii) Any other details which, on their own or together with other information publicly
available, may lead to the identification of the Claimant (including any names of other
immediate family members or their addresses) shall be redacted before publication. - Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a
statement of case, judgment or order from the Court records unless the statement of
case, judgment or order has been anonymised in accordance with subparagraphs
3(i) to (iii) 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 inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy. - The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the
statements of case that has been anonymised in accordance with paragraph 3 above
within 21 days of the date of the order, and re-filed in the event that any statement of
case is amended, within 21 days of such amendment being approved. - The Court file shall be clearly marked with the words “An anonymity order was made
in this case on 16th April 2024 and any application by a non-party to inspect or obtain
a copy document from this file must be dealt with in accordance with the terms of that
Order.” - Any interested party, whether or not a party to the proceedings, may apply to the
Court to vary or discharge this Order, provided that any such application is made on
7 days’ notice to the Claimant’s solicitor, trustee or deputy. - Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’
issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be
published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For
that purpose, a court officer will send a copy of the order by email to the Judicial
Office at judicialwebupdates@judiciary.uk. - The costs of obtaining this order be costs in the case.
EXPLANATORY NOTE
The order defines the scope of ‘publication’ and makes clear that it is a communication which is
“addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list
of examples of communications and records which would not constitute publication within the
meaning of this order (providing always that proper steps are taken to protect the confidentiality of
information from being made public). In this list references to ‘the anonymised party’ include that
party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee
and deputy.
(i) Communications between the Court Funds Office and the anonymised party 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) Communications between the Court Funds Office, the anonymised party, and any financial
institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, and any financial institution
concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, and their advisers of their
unredacted files for the purposes of their continuing functions and obligations in relation
to the proceedings.
(v) Communications between the Defendant(s), their insurers, or their successors in title and
their legal and professional advisers, reinsurers, HM Revenue and Customs (or its
successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing
that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the
anonymised party.
(viii) Communications by or on behalf of a paying party for the purposes of ascertaining whether
the anonymised party is alive, so entitled to continuing periodical payments.