Claim Number: QB-2022-000162
In the High Court of Justice
King’s Bench Division
25 October 2022
Mr Jeremy Hyam KC
BZD (by His Litigation Friend, Ms Emma Gaudern)
Bradford District Care NHS Foundation Trust
BEFORE MR JEREMY HYAM KC sitting as a Deputy Judge of the High Court
AND UPON HEARING Nathan Tavares, one of His Majesty’s Counsel on behalf of the Claimant and Ms Jones of Counsel on behalf of the Defendant
AND UPON Reading the Confidential Approval Advice
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 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 the identity of the Claimant shall not be disclosed.
- That the 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 “B.Z.D”.
- That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address, already filed in the proceedings be replaced by a document describing such name in anonymised form as above, and the addresses removed.
- That the original of any such document disclosing the name or address of the Claimant 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 King’s Bench Division”.
- That a non-party (that is a person other than the Claimant, his Litigation Friend, his Deputy, and legal advisors and the Defendant and its legal advisors) 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 Judge. In any event any document in respect of which such permission is given must first be anonymised in accordance with this direction and any information which might identify the Claimant has been redacted, unless the Judge orders otherwise. Any application for such permission must be made on notice to the Claimant, c/o Stewarts Solicitors, 9 Bond Court, Leeds, LS1 2JZ, and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
- That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate is prohibited.
- Provided that the parties and/or their advisers and/or NHS Resolution do not publish any documents containing references to the Claimant by name, the parties be at liberty to retain their files in this case without alteration or substitution and to retain and generate internal documentation (and external documentation to experts instructed) which identifies the Claimant for the purposes of quantum investigations and continuing rights and obligations under the main settlement order thereafter.
- The provisions of this Order shall not apply:-
(i) to communications between the Court Funds Office, Court of Protection or the Claimant’s professional Deputy and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office or to the Deputy 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, Court of Protection, the Deputy 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, Court of Protection, the Deputy or the anonymised party or Litigation Friend or any such financial institution in relation to such money.
(iv) to communications between the defendant solicitors/NHS Resolution and the Court Funds Office, Court of Protection or the Deputy concerned with administrating, managing the account and transferring the claimant’s damages
(v) to communications between the Department for Work and Pensions and the defendant solicitors/NHS Resolution concerned with administrating and discharging the outstanding recoverable benefits and NHS charges.
- That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
- 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 Claimant B.Z.D.