PMC (A Child) v A Local Health Board (Rev1) [2025] EWCA Civ 176 (25 February 2025)

PMC (A Child) v A Local Health Board (Rev1) [2025] EWCA Civ 176 (25 February 2025)

The appeal is adjourned to a new 2-day fixture after the Supreme Court's decision in Abbasi is available, as that decision may have bearing on the jurisdictional issues in this case. Practitioners and judges should continue to use the PF10 model order for anonymity in approval hearings until further guidance is given.

Citation
[2025] EWCA Civ 176
Parties
Claimant/appellant: PMC (a child by his mother and litigation friend FLR); Defendant/respondent: A Local Health Board; Intervener: Official Solicitor (the OS); Intervener: Personal Injuries Bar Association (the PIBA); Advocate to the Court: Attorney General (Advocates to the Court)
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Civil Appeal / Adjournment Pending Supreme Court Decision
Outcome
Appeal adjourned
Legal Topics
Anonymity Orders, Reporting Restrictions, Open Justice, Article 8 ECHR, Article 10 ECHR, Approval Hearings
Civil Procedure Human Rights Anonymity Orders Reporting Restrictions Open Justice Article 8 ECHR Article 10 ECHR Approval Hearings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

PMC (a child by his mother and litigation friend FLR)

Claimant/appellant

A Local Health Board

Defendant/respondent

Official Solicitor (the OS)

Intervener

Personal Injuries Bar Association (the PIBA)

Intervener

Attorney General (Advocates to the Court)

Advocate to the Court

Procedural Posture

Civil Appeal / Adjournment Pending Supreme Court Decision

Legal Issues

  1. 1 Whether the Court of Appeal should adjourn hearing pending the Supreme Court's decision in Abbasi v. Newcastle Upon Tyne NHS Trust & Others
  2. 2 Whether evidence of specific risks is required for anonymity orders in approval hearings
  3. 3 The continued applicability of JX MX v. Dartford and Gravesham NHS Trust

Ratio Decidendi

The appeal is adjourned to a new 2-day fixture after the Supreme Court's decision in Abbasi is available, as that decision may have bearing on the jurisdictional issues in this case. Practitioners and judges should continue to use the PF10 model order for anonymity in approval hearings until further guidance is given.

Court Disposition

Appeal adjourned

Orders

  • Appeal adjourned to a 2-day hearing as soon as possible in the Summer term, subject to availability of the Supreme Court's judgment in Abbasi.
  • PIBA and Official Solicitor to be represented and make oral submissions at the adjourned hearing.