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

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2022-BHM-000171

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

4 March 2024

Before:

Mr Justice Julian Knowles

Between:

JKL (by his Mother and Litigation Friend MNO)

-v-

Royal United Hospitals Bath Hospitals NHS Foundation Trust

……………………………………………………………………………………………………………………………………………………………………………………….

ANONYMITY ORDER

BEFORE Mr Justice Julian Knowles sitting at the High Court of Justice, Birmingham District Registry
on the 4th March 2024

UPON HEARING leading Counsel on behalf of the Claimant and leading Counsel on behalf of the
Defendant

(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: ‘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 [BY CONSENT] 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 The identity of the Claimant as a party to these proceedings is confidential and shall not be
    published.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 JKL 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 “JKL”.
    (ii) The Litigation Friend shall be referred to as “MNO”.
    (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 within 21 days of the of this 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 4th March 2024 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 4th day of March 2024

    EXPLANATORY NOTE

    The order defines the scope of ‘publication’ and makes clear that it is a communication which is
    “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list
    of examples of communications and records which would 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 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 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, and any financial
    institution concerned as to the receipt or investment of the Claimant’s money. Retention by all parties to the claim, their representatives, and their advisers of their
    unredacted files for the purposes of their continuing functions and obligations in
    relation to the proceedings.
    (v) Communications between the Defendant(s), their insurers, or their successors in title
    and their legal and professional advisers, reinsurers, 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.
    (viii) Communications by or on behalf of a paying party for the purposes of ascertaining
    whether the anonymised party is alive, so entitled to continuing periodical payments.