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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll