BAE -v- Aneurin Bevan Local Health Board (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2025-CDF-000009

In the High Court of Justice
King’s Bench Division

7 April 2025

Before:

District Judge Evans,
sitting at the High Court in the Cardiff District Registry

Between:

BAE
(by his mother and litigation friend, BAZ)

-v-

Aneurin Bevan Local Health Board

Anonymity and Withholding Order

BEFORE District Judge Evans sitting at the High Court in the Cardiff District Registry, Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET on 7 April 2025.

WHEREAS the Claimant has made a claim against the Defendant through his litigation friend in respect of personal injuries and consequential loss suffered by him arising out of delays by the Defendant and its staff in the diagnosis and treatment of a brain tumour between March 2011 and May 2012 and in respect of which proceedings were commenced by the Claimant against the Defendant in the High Court of Justice on 23 January 2025.

AND WHEREAS the Claimant is a protected party and protected beneficiary within the meaning of CPR Part 21

AND UPON
(1) Consideration of the Article 8 rights of the Claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure.
(3) The Press making no representations in relation to the Order.

AND PURSUANT to section 11 of the Contempt of Court Act 1981, CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.

AND UPON there having been no prior Publication of the identity of the Claimant as a party to these proceedings and the Litigation Friend

IT IS ORDERED THAT:

  1. The name of the Claimant and the Litigation Friend are to be withheld from the public and must not to be disclosed in any proceedings in open court.
  2. The Claimant is permitted to issue these proceedings naming the Claimant as “BAE” and the Litigation Friend as “BAZ” and giving an address c/o the Claimant’s solicitors.
  3. There is to be substituted for all purposes in these proceedings in place of references to the Claimant and the Litigation Friend by name, and whether orally or in writing, references to the “BAE” and “BAZ” respectively.
  4. The identity of the Claimant as a party to these proceedings and the Litigation Friend shall not be published.
  5. Pursuant to section 11 of the Contempt of Court Act 1981, there shall not until further Order of this Court, be disclosed in any report of these proceedings or other publication the name or address of the Claimant, the Claimant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  6. In any judgment or report of these proceedings, or other publication (by whatever medium including on the Court’s electronic filing system (CE-File)) in relation thereto:
    (a) The Claimant shall be referred to as “BAE”.
    (b) The Litigation Friend shall be referred to as “BAZ”.
    (c) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  7. Pursuant to CPR Rules 5.4C and 5.4D:
    (a) 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.
    (b) 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 Claimant’s solicitor, trustee or deputy.
  8. The Court’s digital and paper file shall be clearly marked with the words “A withholding order and an anonymity order was made in this case on 7 April 2025 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of those Orders.”
  9. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  10. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order 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 order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  11. The costs of obtaining this Order be costs in case.

Dated 7 April 2025