BDW -v- Great Ormand Street Hospital for Children NHS Foundation Trust (anonymity order)

County CourtAnonymity Order

Claim Number: L02CL537

In the County Court at Central London

13 September 2024

Before:
Her Honour Judge Baucher

Between:

BDW (A Child by her Litigation Friend, BW)

-v-

Great Ormand Street Hospital for Children NHS Foundation Trust

Anonymity Order

Before Her Honour Judge Baucher sitting at the County Court at Central London, Thomas More Building, Royal
Courts Of Justice, Strand, London, WC2A 2LL.

UPON HEARING counsel for both parties

AND UPON the application notice dated 11 July 2024:
(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 Defendant indicating its neutrality to the making of the order and there being no representations from
the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:
(1) ‘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.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i)
above) from the date of this Order, even if such information has derived from a previous stage or stages of these
proceedings.

IT IS ORDERED BY CONSENT THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), unless the Claimant gives written advanced agreement to the report or
    publication, 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 the Claimant
    in these proceedings. The Claimant and the 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 BDW.
    (ii) The Litigation Friend shall be referred to as BW.
    (iii) 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.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) 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.
    (ii) 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.
  5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has
    been anonymised in accordance with paragraph 3 above by 3 October 2024, and re-filed in the event that any
    statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 12
    September 2024 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 that Order.”
  7. 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.
  8. 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.
  9. The costs of obtaining this order be costs in the case.


    Dated 12 September 2024