Hugh James fights for anonymity

Hugh James will appear before the Court of Appeal this week to advocate for enhanced anonymity protections for vulnerable children and their families, ensuring their sensitive personal details remain confidential.

The appeal, scheduled for 25th February, will be heard by three Court of Appeal Judges in the case of PMC v A Local Health Board. It seeks a reconsideration of the first instance judgment and aims to provide clear legal guidance on granting anonymity orders for child claimants and protected parties in civil litigation.

The Court of Appeal will examine:

• The legal basis for granting anonymity orders in cases involving children or protected parties.
• The appropriate stage in civil proceedings at which such orders should be sought.
• The correct format of an anonymity order to ensure comprehensive protection.
• The cost implications of seeking such orders in litigation.
• The balance between the Claimant’s right to privacy under Article 8 of the European Convention on Human Rights and the right to freedom of expression under Article 10.

Carys Lewis, an associate in Hugh James’ clinical negligence team, which represents thousands of claimants and families affected by medical negligence, commented this case raises crucial questions about the necessity and scope of anonymity orders for vulnerable claimants. Our foremost priority is to protect the right to a private and family life for children and protected parties throughout litigation. We hope this appeal provides much-needed clarity for civil litigation practitioners, so that sensitive details regarding a claimant’s medical condition, care needs, and financial settlement remain private.

She added as one of the largest serious injury, clinical negligence and court of protection teams in the UK, Hugh James has extensive experience representing clients with life-altering injuries. A successful outcome in this appeal would set an important precedent in protecting some of our most vulnerable clients and their families.

The Claimant will be represented at the appeal hearing by Leading Counsel, Robert Weir KC at Devereux Chambers and Junior Counsel, Robert Oldham at 12KWB. The outcome of the appeal could have significant implications for future cases involving vulnerable individuals seeking legal redress.