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08 May 2015 / Karen O’Sullivan
Issue: 7651 / Categories: Features , Personal injury
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Under cover

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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

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Clarke Willmott—Matthew Roach

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Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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