NSH -v- Barts Health NHS Trust (anonymity order)

Queen's Bench DivisionAnonymity Order

CLAIM NO: QB-2017-003344

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

Date: 28/02/2022

Between:
NSH
(A Protected Person by his Wife and Litigation Friend
APH )
-v-
Barts Health NHS Trust

ANONYMITY ORDER
BEFORE Mr Justice Bennathan sitting as a Judge of the High Court on the 28th February 2022
UPON HEARING Richard Partridge of Counsel on behalf of the Claimant and Clementine Coram-James
of Counsel on behalf of the Defendant
AND WHEREAS the Claimant is a Protected Party and brings the proceedings by his Litigation
Friend, APH
AND WHEREAS the Claimant is a Protected Beneficiary who lacks the capacity to manage his financial
affairs
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 the Court being satisfied that non-disclosure of the identities of the Claimant and of the
Litigation Friend 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 11 of the Contempt
of Court Act 1981 and Rules 5.4C and 5.4D of the Civil Procedure Rules

IT IS ORDERED:
1. That the identities of the Claimant and of the Litigation Friend shall not be disclosed.
2. That the Claimant and the Litigation Friend shall 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 NSH and APH
respectively.
3. That 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.
4. That 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.
5. That 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, Master or District Judge of the Queen’s
Bench Division”.
6. That 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 affect service. The file is to be retained by the Court and marked
“Anonymised”.
7. That 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
and Litigation Friend is prohibited.
8. That any non-party affected by the Order may apply on notice to all parties to have this
Order set aside or varied.
9. That the terms of this Order shall not apply to communications between the Defendant’s
insurer and its legal advisers or reinsurers or to communications with the Compensation
Recovery Unit or to communications between the Claimant’s Solicitor and the Financial
Deputy appointed by the Court of Protection or any such financial institution in relation to
such money.
10. A copy of this Order shall be published on the website of the Judiciary of England & Wales
pursuant to CPR Part 39.2 and the Practice Guidance: “Publication of Privacy and Anonymity
Orders” naming the Claimant and Litigation Friend as NSH and APH
respectively.