TUV and other -v- University Hospitals Bristol and Weston NHS Foundation (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-001420

In The High Court Of Justice
King’s Bench Division

28 March 2023

Before:
Master Brown

Between:
(TUV (a child, by his litigation friend, LMN)
and LMN
-v-
University Hospitals Bristol and Weston NHS Foundation

Anonymity Order

BEFORE MASTER BROWN

AND UPON The Claimant’s Application Notice issued on 23rd March 2023:

(1) Consideration of the Article 8 rights of the First Claimant to respect for private and family life, and
the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimants is necessary to secure the proper
administration of justice and in order to protect the interests of the First Claimant and that there is
no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations
from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act
1981; and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS for the purposes of this order:

(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever
form (including internet and social media), which is addressed to the public at large or any section
of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in
subparagraph (i) above) from the date of this Order, even if such information has derived from a
previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identity of the First and Second Claimants as parties to these proceedings is confidential and
    shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or
    other publication the name or address of the First Claimant, the Claimant’s Litigation Friend (the
    Second Claimant) or other immediate family members, or any details (including other names,
    addresses, or a specific combination of facts) that could lead to the identification of the First
    Claimant in these proceedings. The First Claimant and the Second Claimant shall be referred to as
    set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in
    relation thereto:
    (i) The First Claimant shall be referred to as “TUV”.
    (ii) The Second Claimant shall be referred to as “LMN”.
    (iii) Any other details which, on their own or together with other information publicly
    available, may lead to the identification of the Claimant (including any names of other
    immediate family members or their addresses) shall be redacted before publication.
  4. 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 subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or
    (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 Claimant’s solicitor, trustee or
    deputy.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case
    on 28th March 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.”
  6. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or
    discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s
    solicitor, trustee or deputy.
  7. 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.uk). For that purpose, a court officer will send
    a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  8. The costs of obtaining this order be costs in the case.


    EXPLANATORY NOTE

    The order defines the scope of ‘publication’ and makes clear that it is a communication which is
    “addressed to the public at large or any section of the public”. Set out below is a non-exhaustive list of
    examples of communications and records which would not constitute publication within the meaning of
    this order (providing always that proper steps are taken to protect the confidentiality of information from
    being made public). In this list references to ‘the anonymised party’ include that party’s appointed
    representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.