XYZ -v- Nottingham University Hospitals NHS Trust (anonymity order)
Claim No: QB-2021-003096
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 28/06/2022
BEFORE:
RECORDER KAREN RIDGE
SITTING AS A JUDGE OF THE HIGH COURT
Between:
(1) XYZ
(by his mother and litigation friend ABC)
(2) ABC
-v-
NOTTINGHAM UNIVERSITY HOSPITALS NHS TRUST
ANONYMITY ORDER
BEFORE RECORDER Karen Ridge sitting as a Judge of the High Court
AND UPON hearing Lizanne Gumbel QC, Leading Counsel for the First and Second
Claimants, and Richard Booth QC, Leading Counsel for the Defendant
UPON consideration of the Approval Bundle filed by the Claimant’s solicitor
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 IT APPEARING that non-disclosure of the identity of the Claimant is
necessary in order to protect the interests of the Claimant
AND PURSUANT to section II of the Contempt of Court Act 1981 and rules 5.4C, 5.4D
and 39.2(4) of the Civil Procedure Rules
WHEREAS the Claimants have made a claim (the “Claim”) against the Defendant for
personal injuries suffered by them arising out of the Defendant’s alleged negligence on
17 September 2017 and in respect of which proceedings were commenced by the
Claimants against the Defendant in the High Court of Justice, Queen’s Bench Division
on 11 August 2021.
AND WHEREAS the First Claimant is a Protected Party and brings the Claim by his
Mother as Litigation Friend.
AND WHEREAS the Second Claimant is the mother of the First Claimant and his
Litigation Friend.
IT IS ORDERED: –
1. That the identity of the Claimant and of the Litigation Friend be not disclosed.
2. That the Claimant and the Litigation Friend 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 “XYZ” and “ABC”.
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 marked
confidential ”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 effect service. This
file is to be retained by the Court and marked ”Anonymised”.
7. That reporting restrictions apply as to the disclosing or 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 any member of the
Claimant’s immediate family or the name and address of the litigation friend is
prohibited.
8. The provision of this Order shall not apply: –
i. to communications between the Court Funds Office and the
anonymised party or litigation friend in relation to the payment of
money into the Court Funds Office for the benefit of the
anonymised party or the investment or treatment or payment out of
such money;
ii. to communications between the Court Funds Office and/or the
anonymised party or litigation friend and any financial institution
concerned as to the receipt or investment of such money; or
iii. to records kept by the Court Funds Office or the anonymised party
or litigation friend or any such financial institution in relation to such
money.
9. That any non-party affected by this Order may apply on notice to all parties to
have this Order set aside or varied.
10.A copy of this order shall be published on the website of the Judiciary of England
and Wales (which may be found at www.judiciary.uk) pursuant to the provisions
of CPR r.39.2 and in that copy the Claimant shall be referred to as ”XYZ” and the
litigation friend as ”ABC”.
Dated 28th June 2022.