ABC -v- University Hospitals Bristol and Weston NHS Foundation Trust (anonymity order)
Claim No: QB-2020-001482
In the High Court of Justice
Queen’s Bench Division
1 July 2021
ABC (a Protected Party by his Litigation Friend, XYZ)
University Hospitals Bristol and Weston NHS Foundation Trust
UPON HEARING Counsel on behalf of the Claimant and Counsel for the Defendant on behalf of the Defendant, by telephone pursuant to PD51Y
AND UPON consideration of Article 8 right to respect for private and family life and the Article 10 right to freedom of expression of the Claimant
AND UPON IT APPEARING that non-disclosure of the identity of the Claimant is necessary to protect his interests
AND UPON the Defendant indicating its neutrality to the making of the order
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 THAT:
1. The identity of the Claimant and his Litigation Friend in these proceedings is confidential and shall not be published. For this purpose:
(i) ‘publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is addressed to the public at large or any section of the public.
(ii) publication of any name, address, picture, or other information that could lead to identification of ABC as the Claimant or XYZ as his Litigation Friend in these proceedings is prohibited.
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 Litigation Friend, or of the Claimant’s father or immediate family, or any details that could lead to the identification of ABC as the Claimant or XYZ as his Litigation Friend in these proceedings. The Claimant and the Litigation Friend 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:
(i) The Claimant shall be referred to as “ABC”
(ii) The Litigation Friend shall be referred to as “XYZ”
(iii) 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.
4. Pursuant to CPR 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above; and the Claimant’s Solicitors shall provide copies of the anonymised versions for the court file.
(ii) 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 parties.
5. The Court electronic file shall record that an anonymity order has been made in this case.
6. 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 parties, and that 7 days’ prior notice of the intention to make such an application is given.
7. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the confidentiality of information from being made public):
(i) Communications between the Court Funds Office and the anonymised party or Litigation Friend or representatives 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.
(ii) Communications between the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the Claimant’s representatives, or any financial institution concerned as to the receipt or investment of the Claimant’s money
(iv) Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant, its insurers or its insurers’ successors in title and their legal and professional advisers, NHS Resolution, the Compensation Recovery Unit of the Department for Work & Pensions, and HM Revenue & Customs (or its successor) or any other person required by law.
8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls on 17 April 2019 a copy of this Order in its anonymised form shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose a court officer will send a copy of the anonymised order by email to the Judicial Office at email@example.com.
9. Costs in the case.