The purpose of an Explanatory Note is to enable recipients of the application notice readily to understand the nature of the case. It should be served at the same time as the application notice and other supporting documentation. In exceptional circumstances where notice of an application has not been given, the Explanatory Note should explain why.
An example of an Explanatory Note is set out below:
NHS TRUST X v AB
Application for a Reporting Restriction Order
- AB is in a permanent vegetative state. An application has been made by the NHS Hospital Trust responsible for his care for the Court's approval of the withdrawal of artificial nutrition and hydration. This course is supported by AB's family.
- On [date] the application will be heard by the President of the Family Division, who will give judgment in open court.
- A Reporting Restriction Order has been [made/applied for] to protect AB's right to confidentiality in respect of his medical treatment. This does not restrict publication of information or discussion about the treatment of patients in a permanent vegetative state, provided that such publication is not likely to lead to the identification of AB, those caring for him, the NHS Trust concerned or the establishment at which he is being cared for.
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