ABB -v- Bradford Teaching Hospital NHS Foundation Trust (anonymity order)

High CourtQueen's Bench DivisionAnonymity Order

Claim Number: F90HD007

In the High Court of Justice
Queen’s Bench Division

5 October 2022

Before:
HHJ Gosnell

Between:
ABB
By Her Husband and L/F ABC
-v-
Bradford Teaching Hospital NHS Foundation Trust

Order

BEFORE HHJ Gosnell at Bradford District Registry, Civil and Family Centre, Exchange Square, Drake Street, BRADFORD, BD1 1HJA on 23 September 2022
UPON hearing Mr Simon Cridland Counsel for the Claimant.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article10 right to freedom of expression
WHEREAS pursuant to CPR Rule 5.4A to 5.4D and CPR Rule 39.2, the Court is satisfied that an order in the
terms below is necessary to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED that: –

  1. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing references to the letters ABB and her Litigation friend to ABC.
  2. A non-party may not inspect or obtain a copy of any document on the court file without the permission of a District Judge. Any application for such permission must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
  3. A non-party may not obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with paragraph 1 of this Order and there has been redacted any information which might identify the Claimant or her Litigation Friend.
  4. There shall be no publication or other disclosure of any name, address, image, or other information tending to
    identify the Claimant as the Claimant in this action.
  5. A copy of this Order shall be published on the Judicial Website of the High Court of Justice specifying that them Claimant shall be referred to as ABB and her litigation friend as ABC.
  6. Representatives of the media shall have liberty to apply to set aside or vary paragraphs 1, 2, 3 and 4 above provided that: –
    a) any such application shall be made within 14 days of the date of this Order and be put in the applications list (with a maximum time estimate of one hour) to be heard within 14 days of such application being made;
    b) Written notice of such application shall be given to the Claimant’s solicitors.
  7. Provided that the parties and/or their advisors and/or any Deputy appointed for the Claimant and/or the NHS Litigation Authority do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under this clinical negligence claim and paragraph 1 shall not apply in those respects.
  8. The Claimant do within 14 days of the date of this Order draw and file this Order and serve the same on the Defendant.
  9. Costs in the case