Anonymity orders
PMC (a child by his mother and litigation friend FLR) v Cwm Taf Morgannwg University Health Board [2025] EWCA Civ 1126
The Court of Appeal, Civil Division, ruled on an appeal against the decision of Mr Justice Nicklin refusing the claimant’s application for an anonymity order (AO). The court considered significant matters regarding the jurisdictional basis for granting AOs and reporting restriction orders (RROs) in civil proceedings, particularly in personal injury cases involving children and protected parties. The court clarified the existence of a limited common law power to derogate from the open justice principle by making withholding orders (WOs) and RROs in specific circumstances where necessary to ensure justice. The decision addressed the judgment of Nicklin J, who refused the AO on the basis that evidence did not support a withholding order in this case, which the claimant had appealed. The court ruled that while previous publicity concerning the case existed, it did not preclude granting an AO in prospective terms to protect the claimant’s privacy and vulnerability. Dartford and Gravesham NHS Trust v JX MX [2015] remained binding,
