JTW -v- Manchester University NHS Foundation Trust (anonymity order)

King's Bench DivisionAnonymity Order

CLAIM NO: QB-2022 MAN 000048

In the High Court of Justice
Queen’s Bench Division

Manchester District Registry

29 April 2022

Before:

HHJ Sephton QC

Between:

JTW (A minor proceeding by his mother and Litigation Friend)

-v-

Manchester University NHS Foundation Trust


ANONYMITY ORDER

BEFORE HHJ SEPHTON QC sitting as a Deputy High Court Judge in the Manchester District Registry on 29 April 2022.

UPON HEARING Rhiannon Jones QC on behalf of the Claimant and Aisling Campbell, Counsel on behalf of the Defendant

AND IN consideration of the Claimant’s Article 8 rights to respect for private life and upon it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, and pursuant to 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules,

IT IS ORDERED THAT:

  1. The identity of the Claimant and his Litigation Friend be not disclosed.
  2. The Claimant and the Litigation Friend 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 “JTW” and “GXD”.
  3. Pursuant to CPR rule 39.2(4) save for the purposes of medical treatment there shall not be disclosed in any report of the proceedings the name or address of the Claimant or of the Claimant’s family or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as “JTW” and the Litigation Friend, if referred to, shall only be referred to as “GXD”.
  4. The address of the Claimant and of the Litigation Friend 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.
  5. In so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  6. The original of any such document disclosing the name or address of the Claimant or of the Litigation Friend is to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge”.
  7. 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 Judge. Any application for such permission must be made on notice to the Claimant, and the Court will affect service.  The file is to be retained by the Court and marked “Anonymised”.
  8. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or Litigation Friend. 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.
  9. The provisions of this Order shall not apply:-

(i)         To communications between the Court Funds Office and the anonymised party or Litigation Friend 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)        To communications between the Court Funds Office and/or the anonymised party or Litigation Friend and any financial institution concerned as to the receipt or investment of such money; or

(iii)       To records kept by the Court Funds Office or the anonymised party or Litigation Friend or any such financial institution in relation to such money;

(iv)       To communications with third parties by the Claimant’s Deputy appointed in due course, in fulfilling his or her deputyship duties, where the Deputy considers it to be in the best interests of the Claimant to do so.

  1. A (duly anonymised) copy of this Order shall be published on the judicial website of the High Court of Justice specifying that the Claimant, and his Litigation Friend shall be referred to as “JTW” and “GXD” respectively.
  2. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.