CDE -v- Leeds Teaching Hospitals NHS Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: H90MA058

In The High Court Of Justice
King’s Bench Division
Manchester District Registry

5 February 2024

Before:
HHJ Bird

Between:
CDE (A Minor By Her Mother And Litigation Friend, FGH)
-v-
Leeds Teaching Hospitals NHS Trust

Anonymity Order

BEFORE His Honour Judge Bird sitting as a Deputy High Court Judge at the Manchester District Registry, Civil Justice Centre, 1 Bridge Street West, Manchester, M60 9DJ
UPON the court having considered the Claimant’s application dated 5 February 2024 for an anonymity order
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and 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 to protect the interests of the Claimant and there is no sufficient countervailing public interest in disclosure

IT IS ORDERED pursuant to CPR r.39.2(4) and section 11 of the Contempt of Court Act 1981 that:

  1. The Claimant and the Claimant’s Litigation Friend shall hereinafter be referred to in these proceedings respectively as CDE (Claimant) and FGH (Litigation Friend) to preserve their anonymity.
  2. In any report about these proceedings, there shall be no publication, whether in electronic form or hard print, of the name and/or the address of the Claimant or the Claimant’s Litigation friend, or of any still or moving images of them, or any particulars of the case, including details of the Claimant’s ongoing disabilities, likely to lead to the identification of the Claimant or the Claimants Litigation friend, without the leave of the Court.
  3. A non-party may only inspect or obtain a copy of any document from the Court records, pursuant to CPR 5.4C and 5.4D if:
    a. An application for permission is made to a District Judge or Master, on notice
    to the Claimant’s solicitors.
    b. If permission is granted, any such document must be suitably redacted or
    anonymised to avoid disclosure of any information likely to identify the Claimant or Litigation friend.
  4. The provisions of this Order shall not apply to:
    a. Communications with the Court Funds Office or Court of Protection by or on behalf of the Claimant or Litigation Friend.
    b. Communications with any financial institution or financial adviser concerned with investments for the Claimant.
    c. Records kept by the Court Funds Office, Court of Protection or any financial institution or financial adviser concerned with investments for the Claimant.
  5. A copy of this order shall be published on the website of the Judiciary of England and Wales in accordance with CPR r.39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders.
  6. Any non-party affected by the order may apply on notice to the parties to have this order set aside or varied within 7 days of this order being published in accordance with paragraph 5 above.

Dated this day of February 2024