BA -v- Doncaster And Bassetlaw Teaching Hospitals NHS Foundation Trust (anonymity order)
Claim No: QB-2020-001365
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 25/02/2022
Before:
Sarah Crowther QC
Between:
BA
(A PROTECTED PARTY BY HIS LITIGATION FRIEND AA)
-v-
Doncaster And Bassetlaw Teaching Hospitals
NHS Foundation Trust
ANONYMITY AND PROHIBITION OF PUBLICATION ORDER
BEFORE Sarah Crowther QC Sitting as a Deputy High Court Judge
UPON hearing Michael Mylonas QC for the Claimant and Shaheen Rahman QC for the Defendant
WHEREAS the Claimant is a protected party and brings a claim by his Litigation Friend against the Defendant seeking damages for personal injury suffered as the result of negligent medical treatment
AND WHEREAS the Claimant’s wife was originally a party to proceedings and is named on Court documents
AND UPON consideration of the Claimant’s and his wife’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, his wife and his Litigation Friend is necessary in order to protect the interests of the Claimant and his wife and there is no sufficient countervailing public interest in disclosure
AND PURSUANT to section 11 of the Contempt of Court Act 1981, rules 5.4A to 5.4D of the Civil Procedure Rules and Rule 39.2(4) of the Civil Procedure Rules.
IT IS ORDERED:
1. That the identity of the Claimant, his wife and his Litigation Friend shall not be disclosed.
2. That the Claimant, his wife and his 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 “BA” “WA” and “AA” respectively.
3. That the addresses of the Claimant, his wife and the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings hereafter as the address of the Claimant’s solicitors.
4. A non-party may not, without the permission of the Master, inspect or 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, his wife or the Litigation Friend. Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimant’s solicitors and in accordance with CPR 5.4C(6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, his wife or Litigation Friend. The publication of the name and address of the Claimant, his wife or any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
6. The provisions of this Order shall not apply:
(a) To communications between the Court Funds Office and the anonymised party, his Deputy 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, his Deputy or Litigation Friend and any financial institution concerned as to the receipt or investment of such money;
(c) To records kept by the Court Funds Office or the anonymised party, his Deputy or Litigation Friend or any such financial institution in relation to such money;
(d) To communication between the parties and/or their representatives and/or their advisers necessary for the further conduct of this claim;
(e) To reference within the body of any report or witness statement prepared for the purpose of these proceedings to the Claimant or his family member’s name; or
(f) To retention by the parties and/or their representatives and/or their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
8. 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 “BA”, his wife as “WA” and his litigation friend as “AA”.
9. Costs in the case.