HRE -v- Birmingham Community Healthcare NHS Foundation Trust (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2026-BHM-000137

In the High Court of Justice
King’s Bench Division
Administrative Court

26 May 2026

Before:

His Honour Judge Najib

Between:

THE KING on the application of
HRE

-v-

BIRMINGHAM COMMUNITY HEALTHCARE NHS FOUNDATION TRUST

UNIVERSITY HOSPITALS BIRMINGHAM NHS FOUNDATION TRUST

and

HOR
(Interested party)

Order

FOLLOWING consideration of the documents lodged by the Claimant including the Judicial Review Claim Form, Statement of Facts, Statement of Grounds and evidence 

ORDER by HIS HONOUR JUDGE NAJIB sitting as a Judge of the High Court in the King’s Bench Division 

  1. Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:
    i) the Claimant and Interested Party’s names are to be withheld from the public and must not be disclosed in any proceedings in public; and
    ii) the Claimant is to be referred to orally and in writing as ‘HRE’ and the Interest Party is to be referred to orally and in writing as ‘HOR’.
  2. Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant and/or the Interested Party or of any matter likely to lead to the identification of the Claimant and/or the Interested party in any report of, or otherwise in connection with, these proceedings.
  3. Pursuant to CPR 5.4C(4):
    i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant and/or the Interested Party;
    ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant and/or Interested Party, a redacted copy omitting that information must be filed at the same time;
    iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
  4. Any person wishing to vary or discharge this Order must make an application, served on each party.

REASONS

The Interested Party is a vulnerable person who lacks mental capacity for certain purposes and may be a ‘protected party’ within the meaning of CPR 21. Further, there are extant proceedings concerning the Interested Party in the Court of Protection and it is likely that the Court of Protection has made the default anonymity order preventing the identification of the parties. Still further, the claim relies on personal medical information relating to the Interested Party and personal family issues concerning the Claimant in which both the Interested Party and the Claimant have a reasonable expectation of privacy.  In the circumstances, non-disclosure of the identity of the Interested Party and the Claimant are necessary to secure the proper administration of justice and in order to protect the interests of the Interested Party and the Claimant and that there is no countervailing public interest in disclosure. There are, accordingly, compelling reasons for the limited derogations from the principle of open justice.