PMC (a child by his mother and litigation friend FLR) v A Local Health Board

PMC (a child by his mother and litigation friend FLR) v A Local Health Board

The appeal is adjourned to a 2-day hearing pending the UK Supreme Court’s decision in Abbasi, as the judgment may impact jurisdictional issues relevant to anonymity and reporting restrictions. The interests of justice require awaiting the Supreme Court’s guidance.

Parties
Claimant/appellant: PMC (a child by his mother and litigation friend FLR); Defendant/respondent: A Local Health Board; Intervener: Official Solicitor (OS); Intervener: Personal Injuries Bar Association (PIBA); Advocate to the Court: Attorney General
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Civil Appeal / Adjournment Pending Supreme Court Decision
Outcome
Appeal adjourned to a 2-day hearing after UKSC decision in Abbasi or as soon as possible in Summer term.
Legal Topics
Reporting Restrictions Orders, Anonymity Orders, Article 8 ECHR, Article 10 ECHR, Open Justice
Civil Procedure Human Rights Reporting Restrictions Orders Anonymity Orders Article 8 ECHR Article 10 ECHR Open Justice

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Parties

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

Claimant/appellant

A Local Health Board

Defendant/respondent

Official Solicitor (OS)

Intervener

Personal Injuries Bar Association (PIBA)

Intervener

Attorney General

Advocate to the Court

Procedural Posture

Civil Appeal / Adjournment Pending Supreme Court Decision

Legal Issues

  1. 1 Whether the appeal should be adjourned pending the UK Supreme Court's decision in Abbasi v. Newcastle Upon Tyne NHS Trust & Others
  2. 2 Jurisdictional basis for anonymity and Reporting Restrictions Orders
  3. 3 Practical impact of Nicklin J's critique of model order PF10

Ratio Decidendi

The appeal is adjourned to a 2-day hearing pending the UK Supreme Court’s decision in Abbasi, as the judgment may impact jurisdictional issues relevant to anonymity and reporting restrictions. The interests of justice require awaiting the Supreme Court’s guidance.

Court Disposition

Appeal adjourned to a 2-day hearing after UKSC decision in Abbasi or as soon as possible in Summer term.

Orders

  • Adjournment of appeal to a new 2-day fixture.
  • PIBA and OS to be represented and make oral submissions at adjourned hearing.