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ABC -v- University Hospitals of Leicester NHS Trust (anonymity order published under CPR 39.2(5)

Claim No: QB-2018-000880

In the High Court of Justice
Queen’s Bench Division

24 April 2019

 

Before:

Master Cook

Between:

(1) ABC

(2) ASC

-v-

University Hospitals of Leicester NHS Trust

 


ORDER 

UPON the Claimants’ Application Notice dated 2 August 2018

AND UPON consideration of the Article 8 rights to respect for private and family life and the Article 10 right of freedom of expression

AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the Claimants’ minor daughter (whose birth is the subject of this action, and who will not have capacity as an adult) is likely to unfairly damage her interests; and that accordingly publication of details revealing her identity ought to be prohibited

AND PURSUANT to s.11 Contempt of Court Act 1981; and CPR Rule 5.4A to 5.4D and CPR Rule 39.2

AND BY CONSENT 

IT IS ORDERED THAT:

  1. The following order is substituted for the Court’s previous order dated 16 January 2019, providing for anonymity.
  2. There shall be no publication of the Claimants’ minor daughter’s name and address or any details which could lead to identification of her (including, by naming the Claimants in the context of these proceedings, or their address, or other family members).
  3. Where documents are to be anonymised in compliance with this order, there be substituted the letters “ABC” for the First Claimant and “ASC” for the Second Claimant. and “y” for their daughter whose birth is the subject of these proceedings.
  4. A non-party may not inspect or obtain the copy of any document from the court file without the permission of a Master of the Queen’s Bench Division. Any application for such permission must be made on notice to the Claimants.
  5. 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 this direction and there has been redacted any information which might identify the claimant’s daughter.
  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 Order is made on notice to the Claimants’ Solicitor and that 7 days’ prior notice of the intention to make such an application is given.

Dated this 24th day of April

 

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