Midland Heart Limited -v- ABD and another (anonymity order)

County CourtAnonymity Order

Claim Number: J70BM450

In the County Court at Birmingham

30 January 2026

Before:

District Judge Robinson

Between:

MIDLAND HEART LIMITED

-v-

ABD (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR)

XYY (BY HER LITIGATION FRIEND THE OFFICIAL SOLICITOR)

Order

BEFORE District Judge Robinson sitting in the County Court at Birmingham, Birmingham Civil Justice Centre, Priory Courts, 33 Bull Street, Birmingham B4 6DS on 21st January 2026

UPON HEARING Counsel for the Claimant and Counsel for the First Defendant

AND UPON the Solicitor for the Second Defendant having communicated to the court that the Official Solicitor on behalf of the Second Defendant also seeks the making on an anonymity order in respect of the Second Defendant

AND UPON the application dated 13th December 2024

AND UPON CONSIDERING the protective nature of the approval jurisdiction pursuant to r.21.10 of the Civil
Procedure Rules 1998]

AND UPON CONSIDERING the Article 8 rights of the First and Second Defendant to respect for private and family life and the risk of harm that identification may cause to the First and /or the Second Defendant

AND UPON CONSIDERING the importance of open justice and the Article 10 right to freedom of expression

AND UPON THE COURT CONCLUDING that non-disclosure of the First and Second Defendant’s identities is necessary to secure the proper administration of justice and in order to protect the First and Second Defendants’ interests

AND UPON THE COURT FURTHER CONCLUDING that it is necessary to make a reporting restriction order

IT IS ORDERED THAT

  1. The names and addresses of the First and Second Defendant to be withheld in the statements of case, and in any judgments and orders in this claim, and for those purposes:
    (i) The First Defendant shall be referred to as “ABD”
    (ii) The Second Defendant shall be referred to as “XYY”
  2. No report, whether oral or in writing, or other communication in whatever form (including internet or social media) addressed to the public at large or any section of the public, of or concerning this claim which is published from the date of this order may include:
    (a) The name or address of the First and/or the Second Defendant
    (b) Any particulars likely to lead to the identification of the First and/or the Second Defendant
    (c) Any image or likeness of the First and/or the Second Defendant
    Any reports or other communications to the public which exist prior to the date of this order are not affected by this order.
  3. 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 paragraphs 1 [and 2] above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(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 First and Second Defendant’s solicitor
  4. The First and Second Defendant’s solicitor shall file with the Court copies of any existing statements of case anonymised in accordance with paragraph 1 and 2 above by 23rd February 2026
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 21st January 2026 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.”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or set aside this Order, provided that any such application is made on 7 days’ notice to the First and Second Defendant’s solicitors
  7. This order shall lapse automatically on the deaths of both the First and Second Defendant but shall remain in force upon the death of only one of them until the death of the surviving Defendant
  8. Pursuant CPR 39.2(5) a copy of this Order , shall be published on the website of the Judiciary of England and Wales (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.

Notes

  1. The parties are not required to amend or redact any documents other than the statements of case. For example, it is not necessary for medical records to be redacted so as to remove the name and address of the claimant unless a further order is made.
  2. The order does not prohibit the following:
    (i) Communication using the First and/or Second Defendant’s name between the parties’ appointed representatives and advisers, such as any solicitor, Litigation Friend, attorney, trustee or deputy, or any witnesses or instructed experts.
    (ii) 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.
    (iii) Communications between the anonymised party’s representatives and a advisers in managing that party’s affairs.
    (iv) Communications for the purpose of obtaining medical care, advice or treatment for the anonymised party.