ABC -v- Bedfordshire Hospitals NHS Foundation Trust (anonymity order)
Claim No: QB-2019-000019
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 20/05/2022
Before:
HIS HONOUR JUDGE SIMON
Between:
ABC
-and-
DEF
-and-
GHI
(a child proceeding by her mother and Litigation Friend, ABC)
-v-
BEDFORDSHIRE HOSPITALS NHS FOUNDATION TRUST
(formerly sued as “Luton & Dunstable University Hospital NHS Foundation”)
ANONYMITY ORDER
BEFORE His Honour Judge Simon sitting as a Judge of the High Court, Queen’s Bench Division on 20
May 2022
AND UPON hearing Elizabeth Anne Gumbel one of Her Majesty’s Counsel, on behalf of the Claimant and
Alasdair Henderson Counsel, on behalf of the Defendant
AND UPON the Claimants’ application
AND UPON the Court noting the Defendant’s neutral stance in relation to the application
UPON consideration of the Infant Approval Bundle filed by the Claimants’ solicitor
AND UPON consideration of the Claimants’ Article 8 right to respect for private and family life and the
Article 10 right to freedom of expression
AND UPON IT APPEARING that pursuant to CPR r 39.2(4) the Court is satisfied that an order in the
terms below for non-disclosure of the identity of the Claimants is necessary in order to protect the interests
of the Claimants and there is no sufficient countervailing public interest in disclosure
AND PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act
1998, rules 5.4A to 5.4D and 39.2(4) of the Civil Procedure Rules and s.39 of the Children and Young
Persons Act 1933
WHEREAS the Claimants have made a claim (the “Claim”) against the Defendant for personal injuries and
economic loss suffered by the First Claimant, economic loss suffered by the Second Claimant and personal
injuries suffered by the Third Claimant arising out of the Defendant’s alleged negligence and in respect of
which proceedings were commenced by the Claimants against the Defendant in the High Court of Justice,
Queen’s Bench Division.
AND WHEREAS the Third Claimant is a child and brings the Claim by her mother and Litigation Friend.
IT IS ORDERED: –
1. That the identity of the First Claimant, Second Claimant and Third Claimant not be disclosed.
Likewise, the identity of the Litigation Friend of the Third Claimant and the other children of the
First and Second Claimants be not disclosed.
2. That the First Claimant, Second Claimant and the Third Claimant 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 “ABC”, “DEF”
and “GHI” respectively. Likewise, the Litigation Friend of the Third Claimant shall be referred to
as “ABC”. Likewise, the other four children of the First and Second Claimants be described as
“MNO”; “PQR”, “STU” and “VWX” respectively.
3. That the address of the First Claimant, Second Claimant and Third Claimant, be stated in all
statements of case and other documents to be filed or served in the proceedings as the address of
the Claimants’ solicitors. The address of the litigation friend of the Third Claimant and the other
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four children of the First and Second Claimants be stated in all statements of case and other
documents to be filed or served in the proceedings as the address of the Claimants’ solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the name or address
of the First Claimant, Second Claimant, Third Claimant, Litigation Friend of the Third Claimant or
any of the other four children of the First and Second Claimants already filed in the proceedings be
replaced by a document describing such name or address in anonymised form as above.
5. So far as the Claim Form, or any judgment or order, or any other document to which anyone might
have access pursuant to CPR Rule 5.4 at any time does not comply with the above, the Claimants’
solicitors have leave to file with the Court copies of such document adjusted so as to comply therein.
Such copies are to be treated for all purposes as being in substitution for the relevant original and
the original of any such document disclosing the name or address of the First Claimant, Second
Claimant, Third Claimant, Litigation Friend of the Third Claimant or any of the other four children
of the First and Second Claimants is to be placed on the Court file marked confidential ”not to be
opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
6. 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
unless it has been anonymised in accordance with this direction and there has been redacted any
information which might identify the First Claimant, Second Claimant, Third Claimant, Litigation
Friend of the Third Claimant or four other children of the First and Second Claimants. Any
application for such permission must be made on notice to the Claimants and in accordance with
CPR r. 5.4C (6), and the Court will effect service. This file is to be retained by the Court and marked
”Anonymised”.
7. That reporting restrictions apply as to the disclosing or any information that may lead to the
subsequent identification of the First Claimant, Second Claimant, Third Claimant, Litigation Friend
of the Third Claimant or four other children of the First and Second Claimants. The publication of
the name and address of the First Claimant, Second Claimant, Third Claimant, Litigation Friend of
the Third Claimant or four other children of the First and Second Claimants is prohibited.
8. Provided that the parties and/or their advisors and/or the NHSR do not publish any documents
containing references to those mentioned in paragraph 2 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 the main settlement order and paragraph 1 shall not apply in those respects.
9. The provision of this Order shall not apply: –
i. to communications between the Court Funds Office and the anonymised Third
Claimant, her Deputy or litigation friend in relation to the payment of money into
the Court Funds Office for the benefit of the anonymised Third Claimant or the
investment or treatment or payment out of such money;
ii. to communications between the Court Funds Office and/or the anonymised Third
Claimant, her Deputy 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 Third Claimant, her
Deputy or litigation friend or any such financial institution in relation to such
money.
10. That any non-party affected by this Order may apply on notice to all parties to have this Order set
aside or varied.
11. A copy of this order shall be published on the website of the Judiciary of England and Wales (which
may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the
First Claimant shall be referred to as “ABC”, the Second Claimant as “DEF”, the Third Claimant
as “GHI” and the Litigation Friend for the Third Claimant as “ABC. The other four children of the
First and Second Claimants shall be described as follows: “MNO”; “PQR”, “STU” and “VWX”
respectively.
12. Costs in the case