TTE -v- Bolton NHS Foundation Trust (anonymity order)
Claim number: KB-2022-MAN-000259
In the High Court of Justice
King’s Bench Division
Manchester District Registry
14 March 2025
Before:
The Honourable Mr Justice Bright
Between:
TTE
(a child by MBL, the Litigation Friend)
-v-
Bolton NHS Foundation Trust
Anonymity order
BEFORE the Honourable Mr Justice Bright sitting at Manchester on 14 March 2025
WARNING: you must comply with the terms imposed upon you by this Order: otherwise, your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the Court before any deadline imposed upon you expires.
UPON HEARING Mr James Rowley KC on behalf of the Claimant and Mr Richard Mumford of Counsel on behalf of the Defendant
WHEREAS the Claimant has brought a claim for damages for personal injury against the Defendant
AND UPON the parties having reached proposed terms of settlement in respect of which the Claimant intends to seek the approval of the Court pursuant to CPR Part 21
AND UPON
(1) Consideration of (a) the fundamental open justice principle; (b) the rights of the Claimant under Articles 8 and 14 of the European Convention on Human Rights (“the ECHR”) and (c) any countervailing rights under Article 10 of the ECHR and (d) the requirements of section 6 of the Human Rights Act 1998
(2) It appearing to the Court that non-disclosure of the identity of the Claimant specifically in relation to the Approval Proceedings is necessary to secure the proper administration of justice and in order to protect the fundamental rights of the Claimant
(3) The Defendant indicating neutrality to the making of the order
(4) There being no representations from the media or any other interested party.
AND PURSUANT to the Court’s inherent jurisdiction and CPR r.39.2
WHEREAS for the purposes of this order, “Protected Information” means any and all information pertaining to the Claimant’s involvement in the Approval Proceedings, including for the avoidance of doubt any and all information revealing directly or indirectly that the Claimant is a beneficiary of either (a) the relevant proposed settlement agreement or (b) any settlement agreement approved by the Court.
IT IS ORDERED THAT:
Anonymity
- The Court, being satisfied that it is strictly necessary, orders that:
a. The Protected Information shall not be published.
b. There shall be substituted for all purposes in the Approval Proceedings in place of references to: (1) the Claimant by name, the letters TTE; (2) the Litigation Friend by name, the letters MBL.
Access to documents
- Upon the Court being satisfied that it is strictly necessary and pursuant to CPR r.5.4C, it is further ordered that:
a. No document filed in relation to the Approval Proceedings and/or the approval application will be provided to a non-party without further Order of the Court.
b. Any non-party other than a person notified or served with this Order seeking access to any document concerning the Approval Proceedings and/or the approval application must make an application to the Court, proper notice of which must be given to the parties.
c. The Court file shall be clearly marked with the words,
“An anonymity order was made in this case on 14 March 2025 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.”
Variation or discharge
- The parties or anyone affected by any of the restrictions in this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first give written notice to the Claimant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance. The Defendants may agree with the Claimant’s solicitors and any other person who is, or may be bound by this Order, that this Order should be varied or discharged, but any agreement must be in writing.
Publication
- Pursuant to the Practice Guidance: Publication of Privacy and Anonymity Orders issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.net). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk .
Costs
- The costs of obtaining this order be in the case.
DATED this 14th day of March 2025