Our specialist Clinical Negligence lawyers will appear before the Court of Appeal this week to advocate for anonymity protections for vulnerable children and their families in civil litigation claims, with the aim of preventing sensitive personal details about their medical condition and lives being reported without anonymity in place.
The appeal, scheduled for 22 and 23 July, will be heard before Court of Appeal Judges in the case of PMC v A Local Health Board. The appeal seeks a reconsideration of the first instance judgment and aims to provide clear legal guidance on the granting of anonymity orders for child claimants and protected parties in civil litigation.
Following an adjournment earlier this year in February 2025, this second hearing will continue to examine the legal basis for granting anonymity orders in cases involving children or protected parties, as well as the appropriate stage in civil proceedings at which such orders should be sought.
It will also consider the correct format of an anonymity order to ensure comprehensive protection and assess the cost implications of seeking such orders in litigation. In addition, the appeal will address the balance between the Claimant’s right to privacy under Article 8 of the European Convention on Human Rights and the right to freedom of expression under Article 10.
Carys Lewis, Associate in our Clinical Negligence team, commented:
“The hearing represents a critical step in securing justice for our client and in contributing to wider legal clarity. The case has raised crucial questions about this increasingly important topic and the process for obtaining anonymity orders for vulnerable Claimants.
We’re proud to be involved in this case, with the aim of providing clarity for Claimants bringing clinical negligence and personal injury claims to ensure children and protected parties can maintain a right to private family life throughout the litigation. We hope the appeal will provide much-needed clarity for civil litigation practitioners, so that sensitive details regarding a Claimant’s medical condition, care needs, and financial settlement remain private.”
As one of the largest serious injury, clinical negligence and court of protection teams in the UK, we have extensive experience representing clients with life-altering injuries, many of whom wish to seek an anonymity order during the litigation. A successful outcome in this appeal would set an important precedent in protecting some of our most vulnerable clients and their families.
The Claimant is represented by Robert Weir KC of Devereux Chambers and Robert Oldham of 12KBW, instructed by Hugh James.
