JXMX (A Child) v Dartford and Gravesham NHS Trust

JXMX (A Child) v Dartford and Gravesham NHS Trust

The application for an anonymity order was refused because the evidence did not establish a specific, objective risk to the claimant or her family that would make derogation from open justice necessary or proportionate. General concerns about distress and possible exploitation were not sufficient. The law requires...

Source-derived case information.

Parties
Claimant: JXMX (A Child proceeding by her Mother and Litigation Friend Mrs AXMX); Defendant: Dartford and Gravesham NHS Trust
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Personal Injury Approval Hearing / Judgment on Application for Anonymity Order and Permission to Appeal
Outcome
Anonymity order refused; permission to appeal granted
Legal Topics
Anonymity Orders, Open Justice, Approval of Settlements, Reporting Restrictions
Civil Procedure Personal Injury Media Law Anonymity Orders Open Justice Approval of Settlements Reporting Restrictions

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Parties

JXMX (A Child proceeding by her Mother and Litigation Friend Mrs AXMX)

Claimant

Dartford and Gravesham NHS Trust

Defendant

Procedural Posture

Personal Injury Approval Hearing / Judgment on Application for Anonymity Order and Permission to Appeal

Legal Issues

  1. 1 Whether the court should grant an anonymity order in a child personal injury settlement approval hearing
  2. 2 Whether the concerns raised justify derogation from open justice

Ratio Decidendi

The application for an anonymity order was refused because the evidence did not establish a specific, objective risk to the claimant or her family that would make derogation from open justice necessary or proportionate. General concerns about distress and possible exploitation were not sufficient. The law requires necessity, and the facts did not meet that threshold.

Court Disposition

Anonymity order refused; permission to appeal granted

Orders

  • No report of the claimant's or her family's address
  • Anonymity order to remain pending appeal or expiration of appeal period