JX MX v Dartford & Gravesham NHS Trust & Ors [2015] EWCA Civ 96 (17 February 2015)

JX MX v Dartford & Gravesham NHS Trust & Ors [2015] EWCA Civ 96 (17 February 2015)

A limited derogation from open justice, in the form of an anonymity order, is normally necessary in approval hearings for settlements involving children or protected parties to protect their and their families' private and family life. Such orders should be made unless unnecessary or inappropriate, and the judge below erred in refusing anonymity.

Citation
[2015] EWCA Civ 96
Parties
Claimant/appellant: JX MX (by her mother and litigation friend AX MX); Defendant/respondent: Dartford & Gravesham NHS Trust; Intervener: Personal Injury Bar Association; Intervener: The Press Association; Friend of the Court: Court (amicus)
Jurisdiction
England and Wales
Judgment Date
17 February 2015
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Open Justice, Anonymity Orders, Children and Protected Parties, Privacy, Freedom of Expression
Civil Procedure Media Law Personal Injury Open Justice Anonymity Orders Children and Protected Parties Privacy Freedom of Expression

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Parties

JX MX (by her mother and litigation friend AX MX)

Claimant/appellant

Dartford & Gravesham NHS Trust

Defendant/respondent

Personal Injury Bar Association

Intervener

The Press Association

Intervener

Court (amicus)

Friend of the Court

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the court should grant an anonymity order to protect the identity of a child claimant in approval proceedings for a personal injury settlement
  2. 2 How the principle of open justice should be balanced against the privacy rights of children and protected parties

Ratio Decidendi

A limited derogation from open justice, in the form of an anonymity order, is normally necessary in approval hearings for settlements involving children or protected parties to protect their and their families' private and family life. Such orders should be made unless unnecessary or inappropriate, and the judge below erred in refusing anonymity.

Court Disposition

Appeal allowed

Orders

  • Anonymity order granted prohibiting publication of the names and addresses of the claimant, her litigation friend, and her immediate family.
  • Directions for future cases: anonymity orders should normally be made in approval hearings for children and protected parties unless unnecessary or inappropriate.