SBH1 -v- Barking, Havering and Redbridge University Hospitals NHS Trust (anonymity order)
Claim no: KB-2022-004381
In the High Court of Justice
King’s Bench Division
27 November 2024
Before:
His Honour Judge Glen
Between:
SBH1
(a Child Proceeding by his Mother and Litigation Friend, SBE1)
-v-
Barking, Havering & Redbridge University Hospitals NHS Trust
…………………………………………………………………………………………………………………………………………………………………………………………………
ANONYMITY ORDER
…………………………………………………………………………………………………………………………………………………………………………………………………
BEFORE His Honour Judge Glen sitting as a Judge of the High Court in the Royal Courts of Justice, Strand, London on 27 November 2024
UPON HEARING Robert Glancy, one of His Majesty’s Counsel on behalf of the Claimant and Richard
Booth, one of His Majesty’s Counsel on behalf of the Defendant
WHEREAS the Claimant is a protected party who brings this litigation by his litigation friend
AND UPON the Court noting the Defendant’s neutral stance in relation to the Claimant’s Application, there being no representations by any other interested party
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 Claimant satisfying the Court that it is necessary in the interests of the proper administration of justice that there should be non-disclosure of the identity of the Claimant and that there is no sufficient countervailing public interest in disclosure
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 and s.39 of the Children and Young Persons Act 1933
IT IS ORDERED that:
- The proceedings shall be anonymised as follows:-
a. Pursuant to CPR Rule 5.4c, Rule 5.4d and Rule 39.2(4), there shall be substituted for all purposes of this case, in place of reference to the Claimant by name whether orally or in writing, references to him will be SBH1 (a protected party proceeding by SBE1).
b. A non-party may not inspect or obtain a copy statement of case of document from the Court file, without permission of the Court. Any application for such permission should be made on notice to the Claimant and in accordance with CPR 5.4C(6).
c. A non-party may not obtain a copy statement of case or documents from the Court file or any other publication that has already been made unless they have been anonymised in accordance with this Direction and there has been redacted any information which might identify the Claimant or their immediate family.
d. There shall be no future publication or disclosure of any name, address or information tending to identify the Claimant and SBH1’s immediate family, save that this shall not require the removal of any publication already in the public domain.
- Any party affected by this order may apply on notice to all parties to have this order set aside or varied.
- A copy of this order shall be published on the Judicial Website of the High Court of
Justice specifying that the Claimant shall be referred to as SBH1 and his litigation friend as SBE1. For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk. - Provided that the parties and/or their advisors and/or the NHSLA do not publish any documents containing references to those mentioned in paragraph 1 above by name, the parties are at liberty to retain their files in this case without alteration or substitution and to retain and generate documentation which identifies those people for the purposes of their continuing professional rights and obligations under the main settlement order and paragraph 1 shall not apply in those respects.
- The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 1 above by 4.00pm on 6 January 2025, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 November 2024 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.”
DATED this 27th day of November 2024