EXB -v- University Hospitals Birmingham NHS Foundation Trust (anonymity order)
CLAIM NO: QB-2022-002139
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 09/08/2022
Before:
Master Sullivan
BETWEEN:
EXB
(A CHILD, BY HIS MOTHER AND LITIGATION FRIEND, JXB)
-v-
UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST
ANONYMITY ORDER
UPON the Claimant’s application notice dated 4 July 2022:
(1) Consideration of the Article 8 rights of the Claimant 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 is necessary to secure the
proper administration of justice and in order to protect the interests of the Claimant and
that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its 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).
WHEREAS for the purposes of this order:
(1) ‘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.
(2) 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.
IT IS ORDERED THAT:
1. The identity of the Claimant as a party to these proceedings is confidential and shall not be
published.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, the Claimant’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 EXB as the Claimant in
these proceedings. The Claimant 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 shall be referred to as “EXB”.
(ii) The Litigation Friend shall be referred to as “JXB”.
(iii) Any other details which, on their own or together with other information publicly
available, may lead to the identification of the Claimant (including any names of other
immediate family members or their addresses) shall be redacted before publication.
4. 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’s
solicitor, trustee or deputy.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements
of case that has been anonymised in accordance with paragraph 3 above by [date – 21 days
from date of the order], and re-filed in the event that any statement of case is amended,
within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this
case on [date of this Order] 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.”
7. 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 7 days’ notice to
the Claimant’s solicitor, trustee or deputy.
8. 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 (www.judiciary.uk). For that purpose, a court
officer will send a copy of the order by email to the Judicial Office at
judicialwebupdates@judiciary.uk.
9. The costs of obtaining this order be costs in the case.
DATED this 9th August 2022