JEK -v- Barnsley Hospital NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: 2SE90090

In the High Court of Justice
King’s Bench Division
Sheffield District Registry

29 May 2024

Before:
HHJ Baddeley

Between:

JEK
(A child proceeding by his mother and litigation friend JED)

-v-

Barnsley Hospital NHS Foundation Trust

Anonymity Order

UPON HEARING Michael Mylonas KC on behalf of the Claimant and Mr Christopher Mellor on behalf of the Defendant.

AND UPON:
(1) Consideration of the Article 8 rights of the Claimant and the Claimant’s Litigation Friend 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 Claimant and the Claimant’s Litigation Friend 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:

  1. That the identity of the Claimant be not disclosed.
  2. 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 “JEK” and his litigation friend as “JED”.
  3. That the address of the Claimant be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. That a non party 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 Master of the King’s Bench Division. Any application for such permission must be made on notice to the Claimant and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  5. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant as a party to proceedings. The publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited. No report of anything said at the Approval hearing pursuant to CPR rule 21.10 shall be a breach of this Order.
  6. That nothing in this order shall prevent the Claimant, the litigation friend, or the parties’ legal advisers from making such disclosure to medical, expert, or financial specialists as may be required in relation to the further conduct of the Claimant’s claim.
  7. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Dated the 29th day of May 2024