BCD -v- University Hospitals of North Midlands NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2025-BHM-000152

In the High Court of Justice
King’s Bench Division
Birmingham District Registry

21 October 2025

Before:

District Judge Rich

Between:

BCD
(a Minor, through her Mother and Litigation Friend, EFG)

-v-

University Hospitals of North Midlands NHS Trust

Anonymity order

BEFORE District Judge Rich on 16th October 2025 sitting at Birmingham Civil Justice Centre,
Birmingham District Registry, King’s Bench Division, Priory Courts, 33 Bull Street, Birmingham, B4 6DS

UPON HEARING on behalf of the Claimant and 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 Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression

AND UPON the Court being satisfied that an Order for non-disclosure of the identity of the Claimant and the Litigation Friend in the terms below is necessary in order to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure

IT IS HEREBY ORDERED PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2:

  1. That the identity of the Claimant as a party to these proceedings is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not 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 BCD as the Claimant in these proceedings. The Claimant and 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 “BCD”.
    (ii) The Litigation Friend shall be referred to as “EFG”.
    (iii) Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. That the address of the Claimant and of the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  5. Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant and the Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
  6. The original of any such document disclosing the name or address of the Claimant or the Litigation Friend is to be placed in the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”. Any electronic file shall be marked “Confidential – not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”
  7. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than this Order duly anonymised as directed) without the permission of a Master or District Judge. Any Application for such permission shall be made on at least 7 days’ notice to the Claimant and the Court will effect service.
  8. The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on 16th October 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 this Order”.
  9. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or the Litigation Friend. The publication of the name and/or address of the Claimant or of any member of the Claimant’s immediate family or the name and/or address of the Litigation Friend is prohibited.
  10. 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) retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings;

(e) communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.

  1. Nothing in paragraphs 1 to 10 above shall prohibit the Defendant or NHS Resolution and their legal and professional advisers from disclosing the Claimant’s name, address or any information tending to identify her to any other person or body as required by law or for the purpose of the conduct of this litigation or complying with any order of the Court.
  2. 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.
  3. The costs of obtaining this Order be costs in the case.
  4. This order has been made by the Court under CPR 23.9, as the court has disposed of an application without hearing and without service. Any party may apply to have this order set aside or varied within 7 days of the date of service of this order on that party.

      Dated this 21st day of October 2025