BSR -v- Doncaster & Bassetlaw Teaching Hospitals NHS Foundation Trust (anonymity order)

County CourtAnonymity Order

Claim Number: G05YJ055

In the County Court at Sheffield

12 October 2022

Before:
His Honour Judge Robinson

Between:
BSR (By litigation Friend ES)
-v-
Doncaster & Bassetlaw Teaching
Hospitals NHS Foundation Trust

BEFORE His Honour Judge Robinson sitting in the County Court at Sheffield, The Law Courts, 50 West Bar,
Sheffield S3 8PH on 23 September 2022

UPON HEARING Jason Cox Counsel, on behalf of the Claimant and Giles Colin Counsel, on behalf of the Defendant

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, pursuant to CPR 39.2(4) 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 ORDERED, pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights
Act 1998, CPR 5.4B to D and CPR 39.2, as follows:

  1. There shall be no publication or other disclosure of any name, address or information tending to identify either the Claimant or the Litigation Friend.
  2. The Claimant and his Litigation Friend shall 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 “BSR” and “ES” respectively. The address of the Claimant and of the Litigation Friend shall 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.
  3. Insofar as is necessary, any statement of case or other document already filed in the proceedings disclosing the name or address of the Claimant or of the Litigation Friend is to be replaced by a document describing such name or address in anonymised form as above.
  4. The original of any such document disclosing the name or address of the Claimant or of 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 Circuit Judge or a salaried District Judge.
  5. 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 Circuit Judge or a salaried District Judge. Any application for such permission shall 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”.
  6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or 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.
  7. The provisions of this Order shall not apply:
    a. To any Deputy of the Claimant who, in the course of fulfilling his or her Deputyship duties, deems it in the best interests of the claimant to disclose information which identifies the Claimant, or the litigation friend or both.
    b. 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;
    c. 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;
    d. 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.
  8. The provisions of this Order shall not prohibit the Defendants from disclosing the Claimant’s name, address or any other information tending to identify him to their legal and professional advisers or to the [Second] Defendant’s reinsurers or to HM Revenue & Customs (or its successor) or to the Compensation Recovery Unit or any other person required by law.
  9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the
    Master of the Rolls on 17 April 2019, a copy of this Order shall be published on the Judicial Website of the High Court of Justice. For that purpose, a court officer will send a copy of the Order by email to the Judicial Office at judicialwebupdates@judiciary.uk