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ABA -v- University Hospitals Coventry and Warwickshire NHS Trust (anonymity)

|High Court|Anonymity Order

CLAIM NUMBER: QB-2017-000013

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

11 January 2021

Before:
THE HONOURABLE MR JUSTICE SAINI
Betwen:
ABA (A Child by his Father and Litigation Friend, ABB)
-v-
UNIVERSITY HOSPITALS COVENTRY AND WARWICKSHIRE NHS TRUST


BEFORE The Honourable Mr Justice Saini sitting in the Royal Courts of Justice, Strand, London on the 11 January 2021
UPON HEARING Mr Henry Witcomb one of Her Majesty’s Counsel, on behalf of the Claimant and Ms Sarah Vaughan-Jones one of Her Majesty’s Counsel, on behalf of the Defendant AND UPON:
(a) Consideration of the Claimant’s Article 8 rights to respect for private and family life, and the Article 10 right to freedom of expression.
(b) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant.
(c) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
(d) Noting that pursuant to the Practice Guidance (Publication of Privacy and Anonymity Orders) issued by the Master of the Rolls on 16 April 2019 this order will be sent in PDF format by a court officer by email headed ‘Order for Publication under CPR r.39.2(5)’ to the Judicial Office (judicialwebupdates@judiciary.uk) and will be then be uploaded to www.judiciary.uk.
AND PURSUANT to section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4)
IT IS ORDERED THAT:
1. The identity of the Claimant in these proceedings is protected and shall not be published
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings the name or address of the Claimant, or the Claimant’s parents, or any details that could lead to the identification of the Claimant.  The Claimant and his father and Litigation Friend and the Claimant’s mother shall be referred to as set out at paragraph 3 of this Order
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:

(a) The Claimant shall be referred to as “ABA”

(b) The Litigation Friend shall be referred to as “ABB”

(c) The Claimant’s mother shall be referred to as “ABC”

(d) Any other details liable to lead to the identification of the Claimant (including any names of other family members or addresses) shall be redacted before publication

  1. Pursuant to CPR Rules 5.4C and 5.4D:

(a) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(a) to (d) above

(b) 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 or Deputy

  1. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 11 January 2021 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
  2. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.

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