LW -v- Gloucestershire Hospitals NHS Foundation Trust (anonymity order)

CivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2017-003226

In the High Court of Justice
King’s Bench Division

22 January 2025

Before:

Senior Master Cook

Between:

LW
(A Child By Her Mother And Litigation Friend, CC)

-v-

Gloucestershire Hospitals NHS Foundation Trust

Anonymity order

UPON the Claimant’s application

AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.

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 rule 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 of the litigation friend be not disclosed.
  2. In all correspondence after the date of this anonymity order (“this Order”) there be substituted for all purposes of this case, in place of references to the Claimant by name, and whether orally or in writing, references to the letters LW and likewise the litigation friend shall be referred to as CC.
  3. The Claimant and the litigation friend be described in all statements of case and other documents filed and served in the proceedings after the date of this order and any judgment or order made in the proceedings after the date of this order and in any report of the proceedings by the press or otherwise as “LW” and “CC”.
  4. The original of any 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 or Master of the King’s Bench Division”.
  5. 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 or District Judge. 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”.
  6. Whilst the identity of the Claimant and the litigation friend and any records disclosed as part of this litigation may be disclosed to the experts instructed under the terms of this Order, none of the experts instructed by either party are permitted to disclose the identity of the Claimant and the litigation friend to any third party excluding any expert instructed under the terms of CPR Part 35.
  7. Reporting restrictions apply as to the disclosing of any information (including pictures) that may lead to the subsequent identification of the Claimant and/or the litigation friend. The publication of the name and address of the Claimant or her school or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited. This includes any particulars calculated to lead to the identification of the Claimant as being the person by whom the proceedings are taken.
  8. In event that the Claimant is successful in the claim the provisions of this Order shall not apply:-
    (a) to communications between the Court Funds Office and the Claimant or the litigation friend in relation to the payment of money into the Court Funds Office for the benefit of the Claimant or the investment or treatment of payment out of such money;
    (b) to communications between the Court Funds Office and the Claimant or the litigation friend and any financial institution concerned as to the receipt or investment of such money; or
    (c) to records kept by the Court Funds Office or the Claimant or the litigation friend or any such financial institution in relation to such money.
  9. Any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied. The court will effect service.
  10. Claimant to serve sealed order.