ABC -v- Bolton NHS Foundation Trust (anonymity order)
Case No: G90LV024
In the High Court of Justice
Queen’s Bench Division
LIVERPOOL DISTRICT REGISTRY
Date: 12/07/2022
Before:
Mr Justice Turner
Between:
ABC (A PROTECTED PARTY BY HER LITIGATION FRIEND XYZ)
-v-
Bolton NHS Foundation Trust
ORDER
UPON READING an application notice by the Claimant dated 5 July 2022
AND UPON HEARING leading Counsel Dr Simon Fox QC for the Claimant and Counsel
Helen Mulholland 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.
AND UPON IT APPEARING that ·non-disclosure of the identity of the Claimant is necessary
in order to protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt
of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED:-
I. That the identity of the Claimant and of the litigation friend be not disclosed.
2. That the Claimant and the litigation friend 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” and “XYZ”.
3. That the address of the Claimant and of the litigation friend be stated in all statements
of case and other documents to be filed or served in the proceedings as the address of
the Claimant’s solicitors.
4. That in so far as necessary, any statement of case or other document disclosing the
Claimant’s name or address or the name or address of the litigation friend already filed
in the proceedings be replaced by a document describing such name or address in
anonymised form as above.
5. That the original of any such document disclosing the name o~ address of the Claimant
or of the litigation friend is to be placed on the Court file in a sealed envelope marked
“not to be opened without the pennission 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. Any application for such permission must be made on notice
to the Claimant, and the Court will effect service. The file is to be retained by the Court
and marked “Anonymised”.
7. That reporting restrictions apply as to· the disclosing of any .information that may lead
to’the subsequent identification of the Claimant or litigation friend. The publication of
the name and address of the Claimant or of any member of the Claimant’s immediate
family or the name and address of the litigation friend is prohibited. ·
8. The provisions of this Order shall not apply:-
a. to communications between the Court Funds Office and the anonymised party
or Litigation Friend 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;
b. to communications between the Court Funds Office and/or the anonymised
party or Litigation Friend and any financial institution concerned as to the
receipt or investment of such money; or
c. to records kept by the Court Funds Office or the anonymised party or Litigation
Friend or any such financial institution in relation to such money.
9. That the Claimant do by 12 July 2022 draw and file this Order and serve the same on
the Defendant.
10. (in so far as the Order is made under rule 23.9 without service of a copy of the
application notice on the Defendant) That the Claimant do comply with rule 23.9(2) by
service on the Defendant.
11. That the Defendant may apply under rule 23. 10 to have this Order set aside or varied.
12. That any non-party affected by this Order may apply on notice to all parties to have this
Order set aside or varied.
Dated 05 July 2022