Midland Heart Limited -v- ABC (anonymity order)

County CourtAnonymity Order

Claim number: M70BM281

In the County Court at Birmingham

23 July 2026

Before:

Deputy District Judge Fowler

Between:

MIDLAND HEART LIMITED

-v-

ABC (A PROTECTED PARTY BY HIS LITIGATION FRIEND AND OFFICIAL SOLICITOR)

and

ABC (A PROTECTED PARTY BY HIS LITIGATION FRIEND AND OFFICIAL SOLICITOR)

MIDLAND HEART LIMITED

Order

Before Deputy District Judge Fowler sitting at the County Court at Birmingham, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.

AND UPON consideration of the right under Article 8 of the European Convention of Human Rights (“ECHR”) of the Defendant / Part 20 Claimant to his private and family life, and to the right to freedom of expression under Article 10 ECHR;

AND UPON it appearing that non-disclosure of the identity of the Defendant / Part 20 Claimant is necessary to secure the proper administration of justice, in order to protect the interests of the Defendant / Part 20 Claimant as a vulnerable protected party and to prevent the disclosure of strictly personal private information concerning the protected party in which there is no countervailing public interest in disclosure;

AND UPON there being no representations from the press or any other interested party;

AND PURSUANT to the common law, s6 Human Rights Act 1998, s11 Contempt of Court Act 1981, and rules 5.4D and 39.2(4) of the Civil Procedure Rules (“CPR”) ;

WHEREAS for the purpose of this order

a) “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; and,
b) Publication for the purpose of this order includes any further publication (as defined in (a) above) from the date of this order, even if such information is derived from a previous stage or stages of these proceedings

BY CONSENT IT IS ORDERED

  1. The hearing listed for 2:30 p.m. on 26th February 2026 is vacated. There will be a further hearing, with a time estimate of 30 minutes, on the first available date after 30th April 2026.
  2. The identity of the Defendant / Part 20 Claimant, a protected party in these proceedings, is confidential and, as it is necessary, inter alia, to protect the Defendant’s / Part 20 Claimant’s rights to respect for a private life under Article 8 ECHR, shall be withheld in the course of these proceedings from the public.
  3. 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 Defendant / Part 20 Claimant, 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 the Defendant / Part 20 Claimant in these proceedings. The Defendant / Part 20 Claimant shall be referred to as set out in paragraph 4(a) of this order.
  4. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a. The Defendant / Part 20 Claimant shall be referred to as “ABC”; and,
    b. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Defendant / Part 20 Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  5. Pursuant to CPR rule 5.4D:
    a. 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 paragraph 4 above; and,
    b. If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 14 days’ notice to the Claimant’s / Part 20 Defendant’s solicitor, the Defendant’s / Part 20 Claimant’s solicitor and the Official Solicitor as the Defendant’s / Part 20 Claimant’s litigation friend in these proceedings.
  6. The Court file shall be clearly marked with the words “An Anonymity Order was made in this case on ……………. 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 in writing to the Defendant’s / Part 20 Claimant’s solicitor and the Official Solicitor as the Defendant’s / Part 20 Claimant’s litigation friend in these proceedings.
  8. Pursuant to ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16th 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 Defendant / Part 20 Claimant has permission to file and serve an Amended Defence and Counterclaim by 4 p.m. on 26th March 2026.
  10. The Claimant / Part 20 Defendant has permission to file and serve an Amended Reply to Defence and Defence to Counterclaim by 4 p.m. on 23rd April 2026.
  11. Costs are in the case.