CNZ -v- Royal United Hospitals Bath NHS Foundation Trust (anonymity order)

Court of Appeal Civil DivisionKing's Bench DivisionAnonymity Order

Case number: CA-2023-000282-D

In the Court of Appeal

On appeal from King’s Bench Division
Mr Justice Ritchie

26 July 2023


Lady Justice Nicola Davies


CNZ (By her Father & Litigation Friend, MNZ)


Royal United Hospitals Bath NHS Foundation Trust
Secretary of State for Health and Social Care


AND UPON considering the Claimant/Applicant’s application sealed on 27 March 2023, applying for an anonymity order

AND UPON considering the matter without a hearing

AND UPON it being noted that an anonymity order was made by Mrs Justice Lambert on 26 April 2022 in the proceedings below


(1) Consideration of the Article 8 rights of the Claimant/Applicant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant/Applicant is necessary in order to protect the interests of the Claimant/Applicant and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendants/Respondents indicating their neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).

(1) For the purposes of this order:
(i) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(ii) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.
(i) Communications between the Court Funds Office or professional trustee and the anonymised party 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) Communications between the Court Funds Office, the professional trustee, the anonymised party, and any financial institution concerned as to the receipt or investment of such money.
(iii) Records kept by the Court Funds Office, the anonymised party, the professional trustee and any financial institution concerned as to the receipt or investment of the Claimant’s money.
(iv) Retention by all parties to the claim, their representatives, their advisers and NHS Resolution of their unredacted files for the purposes of their continuing functions and obligations in relation to the proceedings.
(v) Communications between the Defendant, NHS Resolution or their successors in title and their legal and professional advisers, HM Revenue and Customs (or its successor), the Compensation Recovery Unit or any other person required by law.
(vi) Communications between the anonymised party’s representatives and advisers in managing that party’s affairs.
(vii) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.


  1. The identity of the Claimant/Applicant as a party to this appeal is protected and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant/Applicant, the Claimant/Applicant’s Litigation Friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of CNZ as the Claimant/Applicant in this appeal. The Claimant/Applicant and the Litigation Friend shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant/Applicant shall be referred to as “[CNZ]”.
    (ii) The Litigation Friend shall be referred to as “[MNZ]”.
    (iii) Any other details liable to lead to the identification of the Claimant/Applicant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  1. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless 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/Applicant’s solicitor, trustee or deputy.
  2. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26 July 2023 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  3. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Claimant/Applicant’s solicitor, trustee or deputy, and that 7 days’ prior notice of the intention to make such an application is given.
  4. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 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
  5. The costs of obtaining this order be costs in the case.