header-logo header-logo

27 February 2015
Issue: 7642 / Categories: Case law , Law digest
printer mail-detail

Anonymity

JXMX (by her mother and litigation friend AXMX) v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96, [2015] All ER (D) 180 (Feb)

The Court of Appeal, Civil Division, held that, although each application would have to be considered individually, a limited derogation from the principle of open justice would normally be necessary in relation to hearings to approve a settlement of a claim made by a child or protected party, to enable the court to do justice to the claimant and his family, by ensuring respect for their family and private lives. An anonymity order seemed to provide a reasonable degree of protection both against an unwarranted invasion of privacy and an interference with the right to family life, and against such other risks as there might be, whether of dissipation of assets or otherwise. Unless satisfied, after hearing argument, that it was not necessary to do so, the judge should make an anonymity order for the protection of the claimant and their family.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll