PMC v Cwm Taf Morgannwg University Health Board (Rev1) [2025] EWCA Civ 1126 (28 August 2025)

PMC v Cwm Taf Morgannwg University Health Board (Rev1) [2025] EWCA Civ 1126 (28 August 2025)

The Court of Appeal held that there is a limited common law power to grant both withholding and reporting restriction orders in civil proceedings involving children and protected parties, and that section 11 of the Contempt of Court Act 1981 supplements but does not replace this power. Dartford remains binding for approval hearings, but its principles apply to personal injury actions brought by children. The judge below erred in refusing a prospective anonymity order; such an order is justified to protect the claimant's Article 8 rights, but cannot operate retrospectively due to prior publicity.

Citation
[2025] EWCA Civ 1126
Parties
Claimant/appellant: PMC (a child by his mother and litigation friend FLR); Defendant/respondent: Cwm Taf Morgannwg University Health Board; Intervener: British Broadcasting Corporation (BBC); Intervener: Personal Injuries Bar Association; Advocate to the Court: Attorney General; Intervener: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
28 August 2025
Procedural Posture
Appeal From High Court (king's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Open Justice, Anonymity Orders, Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Children and Protected Parties, Approval of Settlements, Contempt of Court
Civil Procedure Media Law Human Rights Personal Injury Open Justice Anonymity Orders Reporting Restrictions Article 8 ECHR +4 more

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Parties

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

Claimant/appellant

Cwm Taf Morgannwg University Health Board

Defendant/respondent

British Broadcasting Corporation (BBC)

Intervener

Personal Injuries Bar Association

Intervener

Attorney General

Advocate to the Court

Official Solicitor

Intervener

Procedural Posture

Appeal From High Court (king's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Jurisdictional foundation for open justice and derogations
  2. 2 Power to grant anonymisation and reporting restriction orders in clinical negligence cases involving children
  3. 3 Applicability of common law and statutory powers for reporting restrictions

Ratio Decidendi

The Court of Appeal held that there is a limited common law power to grant both withholding and reporting restriction orders in civil proceedings involving children and protected parties, and that section 11 of the Contempt of Court Act 1981 supplements but does not replace this power. Dartford remains binding for approval hearings, but its principles apply to personal injury actions brought by children. The judge below erred in refusing a prospective anonymity order; such an order is justified to protect the claimant's Article 8 rights, but cannot operate retrospectively due to prior publicity.

Court Disposition

Appeal allowed

Orders

  • Anonymity order granted prospectively to protect the claimant's identity and private information
  • Reporting restriction order made to prevent publication of identifying details from the date of the order