Court of Appeal clarifies anonymity orders

In a significant judgment, the Court of Appeal has granted anonymity for a child, referred to as PMC, whose story had previously attracted media attention. This landmark decision provides much-needed clarity and guidance concerning anonymity for vulnerable individuals involved in legal claims, human rights lawyers assert. Leigh Day solicitor Sarah Westoby, representing the Official Solicitor, highlighted the importance of this case for protecting vulnerable people. The child, born in 2012, suffered cerebral palsy due to admitted medical negligence, leading to his profoundly affected condition. Since 2016, there has been an ongoing legal dispute concerning his compensation claim against the health board responsible.

Anonymity was sought by the claimant amid early media coverage of the case, but this request was initially denied by Mr Justice Nicklin in November 2024. The judge deemed there was insufficient legal basis for the order given the existing press coverage. Following an appeal against this ruling, the Official Solicitor intervened, aiming to illuminate the broader implications of the initial judgment. Expert legal teams, including Sarah Westoby and counsel from 39 Essex Chambers, coordinated efforts in the appeal process.

The Court of Appeal heard arguments over two days in July 2025, emphasising the need for clear guidance for vulnerable claimants. On 28 August 2025, the Court granted the appeal, superseding Nicklin’s earlier judgment. Sir Geoffrey Vos acknowledged the critical nature of the issues posed for open justice and indicated that there exists a limited common law power to issue anonymity orders when necessary.

The ruling reaffirmed that openness in justice must be weighted heavily but acknowledged the need for exceptions to safeguard vulnerable parties. This important judgment indicated a clear pathway towards protecting the identities of individuals like PMC and will provide essential guidance for legal practitioners in future anonymity applications.

Sarah Westoby remarked on the case's significance, asserting, “The clear guidance of the Court of Appeal in this case is very welcome as it will provide reassurance to vulnerable claimants and their litigation friends that their highly personal details will not be linked to them as identified individuals in the press.” This decision marks a pivotal turning point for safeguarding privacy in sensitive legal matters involving vulnerable individuals.