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Anonymity

27 February 2015
Issue: 7642 / Categories: Case law , Law digest
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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.

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