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BBB -v- North West Anglia NHS Foundation Trust (anonymity)

|High Court|Anonymity Order

Claim No. QB-2018-000077

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

10 November 2020

Before:
Master Eastman

Between:
BBB (Son and Administrator of the Estate of AAA, deceased)
-v-
North West Anglia NHS Foundation Trust


Before Master Eastman hearing the application by telephone on 10 November 2020
WHEREAS the Claimant has brought this claim on his own behalf, and also on behalf of CCC, DDD and EEE, who are also children of the deceased.
UPON HEARING Jonathan Holl-Allen, one of Her Majesty’s Counsel, on behalf of the Claimant, and Bradley Martin, one of Her Majesty’s Counsel, on behalf of the Defendant
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s application
AND UPON consideration of the rights of the Claimant and the other dependent children of the deceased to respect for their private and family life under ECHR article 8 and the right to freedom of expression under ECHR art 10
AND UPON it appearing that non-disclosure of the identity of the Claimant and the other children of the deceased is necessary in order to protect their rights and interests
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules and section 39 of the Children and Young Persons Act 1933
IT IS ORDERED THAT:
1. there shall be substituted for all purposes of this case, in place of reference to the deceased by name whether orally or in writing, reference to AAA;
2. there shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, reference to BBB;
3. there shall be substituted for all purposes of this case, in place of reference to the other dependent children of the deceased by name whether orally or in writing, references to CCC, DDD and EEE respectively;
4. a non-party may not inspect or obtain a copy of a statement of case or other document from the Court file, without the permission of the Court. Any application for such permission should be made on notice to the Claimant and in accordance with CPR Pt 5.4C(6). Any non-party seeking to obtain documents relating to the Claimant’s case must obtain specific written consent from the Claimant and from the Court before access is granted.
5. a non-party may not obtain a copy statement of case or document from the court file unless it has been anonymised in accordance with this Order and there has been redacted any information which might identify the Claimant, the other dependent children of the deceased, or any other immediate family members;
6. there shall be no publication or disclosure of any name, address or information tending to identify the Claimant, the other dependent children of the deceased, or any other immediate family members.
7. The provisions of this Order shall not apply to:
(a) communications between the Court Funds Office, the Court of Protection BBB and/or the Deputy to be appointed to administer the funds of EEE in relation to the payment of money into the Court Funds Office for the benefit of DDD or EEE, or the investment or treatment or payment out of such money;
(b) communications between the Court Funds Office, the Court of Protection BBB and/or the Deputy to be appointed to administer the funds of EEE and any financial institution concerned as to the receipt or investment of such money;
(c) records kept by any of the above in relation to such money.
8. Any party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
9. 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 BBB, the other dependent children of the deceased referred to as CCC, DDD and EEE respectively and the deceased referred to as AAA.

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