BOE and another -v- AAA NHS Trust (anonymity order)
Claim No: QB-2021-003604
In the High Court of Justice
Queen’s Bench Division
4 October 2021
Before:
Master Sullivan
Between:
1. BOE (A child, by her Litigation Friend, MDE)
2. BBE (A child, by her Litigation Friend, MDE)
-v-
AAA NHS Trust Defendant
ORDER
UPON READING an application notice by the Claimant dated 14.09.2021.
AND UPON consideration of the Claimants’ 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 Claimants is necessary in order to protect the interests of the Claimants.
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: –
1. That the identity of the Claimants and of the litigation friend and Defendant be not disclosed.
2. That the First Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “BOE”.
3. That the Second Claimant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “BBE”.
4. That the litigation friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “MDE”.
5. That the Defendant be described in all statements of case and other documents to be filed or served in the proceedings and in any judgement or order in the proceedings and in any report of the proceedings by the press or otherwise as “AAA NHS Trust”.
6. That the address of the First and Second 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 Claimants’ solicitors.
7. That the address of the Defendant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Defendant’s Solicitors.
8. That in so far as necessary, any statement of case or other document disclosing the Claimants’ name or address or the name or address of the litigation friend or Defendant already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
9. That the original of any such document disclosing the name or address of the First or Second Claimant or of the litigation friend or Defendant is to be placed on the Court file marked confidential: “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
10. That 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 must be made on notice to the Claimant, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
11. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the First or Second Claimant or litigation friend or Defendant. The publication of the name and address of the First or Second Claimant or of any member of the Claimants’ immediate family or the name and address of the litigation friend or Defendant is prohibited.
12. The provisions of this Order shall not apply: –
(i) to communications between the Court Funds Office and the anonymised party 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;
(ii) to communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or
(iii) to records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
13. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
14. A copy of this order be published on the website of the Judiciary of England and Wales pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity Orders” naming the First Claimant as BOE, the Second Claimant as BBE, the Litigation Friend as MDE and the Defendant as AAA NHS Trust respectively.