BNM -v- University Hospitals North Midlands NHS Trust (anonymity order)
Claim number: G90BM131
In the High Court of Justice
King’s Bench Division
Birmingham District Registry
31 July 2023
Before:
The Honourable Mr Justice Eyre
Between:
BNM
-v-
University Hospitals North Midlands NHS Trust
Order
BEFORE the Honourable Mr Justice Eyre sitting at the Birmingham Civil Justice centre
UPON the Claimants’ Application dated 27th June 2023
AND UPON HEARING Mr Edward Bishop KC, on behalf of the Claimant, and Mr Richard Mumford, on behalf of the Defendant, remotely by MS Teams
AND WHEREAS the Claimant is a child and protected party and brings the claim by his mother and Litigation Friend, JKL
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 IT APPEARING that non-disclosure of the identity of the Claimant and the Litigation Friend is necessary in order to protect the interests of the Claimant
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:-
1. The identity of the Claimant and the Litigation Friend in these proceedings is protected and shall not be published.
2. Pursuant to CPR Rule 39.2 (4) there shall be no publication in any newspaper or other media or other disclosure of any name, address, image or other information tending to identify the Claimant or the Litigation Friend in relation to their involvement in these proceedings.
3. In any statement of case or order or judgment or report or publication or broadcast (by whatever medium) relating to these proceedings:
i) The Claimant shall be referred to as BNM
ii) The Claimant’s Litigation Friend shall be referred to as JKL
iii) Any other details liable to lead to the identification of the Claimant or the Litigation Friend (including any names of other family members or addresses) shall be redacted before publication.
4. Pursuant to CPR Rule 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if 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 or Deputy.
5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 31st July 2023 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”
6. Nothing in this Order shall prohibit the Defendant from disclosing the Claimant or Litigations Friends’ names, addresses or any other information tending to identify them to their indemnifiers, their legal and professional advisers, including medico-legal and/or quantum experts or any other person required by law.
7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, and that 7 days’ prior notice of the intention to make such an application is given.
8. Costs in the case