Our specialist Clinical Negligence lawyers will appear before the Court of Appeal this week to advocate for stronger anonymity protections for vulnerable children and their families, preventing the disclosure of their sensitive personal details.
The appeal, scheduled for 25th February, will be heard before three Court of Appeal Judges in the case of PMC v A Local Health Board. It 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.
The Court of Appeal will 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, an associate in our Clinical Negligence team, which represents thousands of claimants and families affected by medical negligence, commented:
“This case raises crucial questions about the necessity and scope of anonymity orders for vulnerable claimants. Our foremost priority is to protect the right to a private and family life for children and protected parties throughout litigation. We hope this appeal provides 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, Hugh James has extensive experience representing clients with life-altering injuries. A successful outcome in this appeal would set an important precedent in protecting some of our most vulnerable clients and their families.”
The Claimant will be represented at the appeal hearing by Leading Counsel, Robert Weir KC at Devereux Chambers and Junior Counsel, Robert Oldham at 12KWB.
