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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll