JX MX v Dartford & Gravesham NHS Trust & Ors

JX MX v Dartford & Gravesham NHS Trust & Ors

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 Article 8 rights. The judge below erred in not making such an order, as the publication of the claimant's identity would unjustifiably interfere with her and her family's private and family life. The court should normally make an anonymity order unless satisfied it is unnecessary or inappropriate.

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: David Barr Q.C.
Jurisdiction
England and Wales
Judgment Date
17 February 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Application for Anonymity Order in Approval of Settlement for Child Claimant
Outcome
appeal allowed
Legal Topics
Open Justice, Anonymisation, Approval of Settlements for Children, Privacy Rights, Media Reporting Restrictions
Civil Procedure Personal Injury Privacy Law Open Justice Anonymisation Approval of Settlements for Children Privacy Rights Media Reporting Restrictions

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 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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

David Barr Q.C.

Friend of the Court

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Application for Anonymity Order in Approval of Settlement for Child Claimant

Legal Issues

  1. 1 Whether the court should make an anonymity order to protect the identity of a child claimant in approval proceedings for a personal injury settlement
  2. 2 Whether derogation from the principle of open justice is necessary and proportionate in such cases

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 Article 8 rights. The judge below erred in not making such an order, as the publication of the claimant's identity would unjustifiably interfere with her and her family's private and family life. The court should normally make an anonymity order unless satisfied it is unnecessary or inappropriate.

Court Disposition

appeal allowed

Orders

  • Anonymity order granted prohibiting publication of the names and addresses of the claimant, her parents, and litigation friend; restriction on access by non-parties to court documents unless anonymised.