TB -v- University Hospitals Bristol and Weston NHS Foundation Trust (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: E74YX943

In the High Court of Justice
King’s Bench Division
Bristol District Registry

7 August 2023

Before:

HHJ Sephton KC

Between:

TB  (A Protected Party proceeding by Litigation Friend, LB)

-v-

University Hospitals Bristol and Weston NHS Foundation Trust

Order

Before HHJ Sephton KC sitting at a remote hearing as a Judge of the High Court, King’s Bench Division in Manchester on Monday 31st July 2023.

UPON HEARING Christopher Melton, King’s Counsel, on behalf of the Claimant and Thomas Crockett of Counsel, on behalf of the Defendant

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered by her arising out of the Defendant’s alleged negligence in August 2012 and in respect of which proceedings were commenced by the Claimant against the Defendant in the King’s Bench Division on 7 August 2018.

AND WHEREAS the Claimant is a Protected Party who brings the Claim by her mother and Litigation Friend, LB

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 identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no 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 CPR rules 5.4C and 5.4D.

IT IS ORDERED

  1. That the identity of the Claimant and of the Litigation Friend in these proceedings shall not be published.
  2. In any judgment or in any report of these proceedings, or other publication (by whatever means) the Claimant and her Litigation Friend shall be referred to as “TB” and “LB” respectively.
  3. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of these proceedings the name or address of the Claimant or his Litigation Friend or any details that could lead to their identification and, if referred to, they shall respectively be referred to as set out at paragraph 2 above.
  4. The Court file shall be clearly marked with the words, “An anonymity order was made in this case on 31 July 2023 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.”
  5. That a non-party may not inspect or obtain a copy of any other document on or from the court file without the permission of the court. Any application for such permission must be made on at least 7 days’ notice to the Claimant.
  6. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of a statement of case, judgment or order from the Court records only if the statement of case, judgment or order has been anonymised such that (a) the Claimant and her Litigation Friend are referred to as TB and LB in those documents (b) the address of each has been deleted from those documents and (c)all details that may lead to their identification are omitted or deleted.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant or her Litigation Friend. Save as set out in paragraph 9 of this Order the publication of the name and address of the Claimant or of any member of the Claimant’s immediate family or the name and address of the litigation friend is prohibited.
  8. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, providing that any such application is made on notice to the Claimant’s Solicitor or Deputy, after having given them 7 days’ prior notice of the intention to make such an application.
  9. This Order shall be published on the Judicial Website.