JP -v- University Hospitals of North Midlands NHS Trust (anonymity order)
Claim Number: J00SQ228
In the County Court at Stoke on Trent
22 July 2022
Deputy District Judge Harrop
JP (By Litigation Friend DF)
University Hospitals of North Midlands NHS Trust
Before Deputy District Judge Harrop sitting at the County Court at Stoke On Trent, Bethesda Street, Hanley,
Stoke-on-trent, ST1 3BP.
Upon hearing Counsel for the Claimant
AND UPON an application of 22 July 2022 AND UPON
- Consideration of the Article 8 rights of the Claimant’s respect for private and family life, and the Article 10
right to freedom of expression.
- 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.
- 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.
- 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
IT IS ORDERED THAT
- The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
- 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 JP 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.
- 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 “[JP”].
ii. The Litigation Friend shall be referred to as “[DF]”.
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.
- 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.
- 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 12 August 2022, and re-filed in the event that any
statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 22 July
2022 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.”
- 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.
- 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 email@example.com
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.
iv. 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.