header-logo header-logo

08 May 2015 / Karen O’Sullivan
Issue: 7651 / Categories: Features , Personal injury
printer mail-detail

Under cover

nlj_may_8_osullivan

Karen O’Sullivan examines the level of anonymity afforded to a child or protected party

To what extent is a child or other protected party entitled to an order protecting his or her anonymity? The Court of Appeal considered this question in JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96, [2015] All ER (D) 180 (Feb) following intervention by the Personal Injury Bar Association and the Press Association.

The infant approval proceedings arose from injuries caused by clinical negligence during the claimant’s birth meaning that she would always require the protection of the court, although at the time of the hearing she was still only six years’ old. The claimant’s litigation friend, her mother, sought anonymity for the claimant, ie an order preventing the press from identifying the claimant. Mr Justice Tugendhat reviewed what he considered to be a “formulaic” witness statement from her which evidenced no special circumstances requiring an anonymity order, that is to say that there was no particular reason to consider that the claimant would be specifically vulnerable to theft or being preyed upon by unscrupulous third parties.

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