ABB -v- Norfolk and Norwich University Hospitals NHS Foundation Trust (anonymity order)
Queen's Bench DivisionAnonymity Order
Claim No: QB-2020-001663
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ABB (a child proceeding by his Litigation Friend and father ABD)
Norfolk and Norwich University Hospitals NHS Foundation Trust
Before Clare Padley sitting as a Deputy High Court Judge sitting in the Royal Court of Justice on 8 April 2022.
UPON hearing Mr Simon Cridland Counsel for the Claimant and Mr David Evans one of Her Majesty’s Counsel for the Defendant
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
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: –
- 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 his Litigation friend to ABD.
- A non-party may not inspect or obtain a copy of any document on the court file (other than this anonymity order) without the permission of a Master. Any application for such permission must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
- 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 his Litigation Friend.
- 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. The Court E file shall record an Anonymity Order has been made.
- 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 ABB and his litigation friend as ABD. For that purpose, a court officer will send a copy of the order by email to the Judicial Office at email@example.com.
- 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.
- 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.
- The Claimant do within 14 days of the date of this Order draw and file this Order and serve the same on the Defendant.
- Costs in the case
DATED this 8 day of April 2022