Jurisdiction(s):
United Kingdom

High Court (E&W) refuses anonymity in PMC; clarifies withholding vs reporting restrictions; applies In re S over JX MX, prioritising open justice and Article 10.

Published on: 12 December 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

PMC (a child by his mother and litigation friend FLR) v Local Health Board [2024] EWHC 2969 (KB)

What are the practical implications of this case?

The judgment provides an instructive account of the legal framework underpinning the courts’ power to grant anonymity orders. Practitioners should be alert to the fact that anonymity comprises two distinct limbs: withholding orders and reporting restriction orders, which rest on different legal bases. There is, importantly, no freestanding authority derived from CPR 39.2(4). When advancing applications, careful attention should be given to the drafting of pleadings so that the court can be reassured it has sufficient jurisdiction to make the orders sought. Equally significant is the court’s approach to the necessary balance between competing ECHR articles. Although this is a High Court ruling and therefore cannot displace the Court of Appeal’s decision in JX MX, if the reasoning is followed by courts going forward, claimants and other applicants will face a substantially higher threshold. In practical terms, they will have to present more persuasive reasons to justify any departure from the principles of open justice, reflected in transparent, open proceedings and the freedom to report...

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