In a significant decision on 25 February 2025, the Court of Appeal has reaffirmed the right of children and protected parties to remain anonymous when settling personal injury claims. This ruling restores clarity after a recent High Court judgment had introduced uncertainty regarding these protections.
Key Points
- Reaffirmation of Established Principles: The Court confirmed that the principles established in JXMX v Dartford and Gravesham NHS Trust [2015] remain binding. This means that anonymity should continue to be granted as a matter of routine unless there is a compelling reason otherwise.
- Balancing Transparency and Privacy: While open justice is a fundamental principle, the Court acknowledged the unique challenges in cases involving children and protected parties. Publicly revealing their identities could expose them to exploitation, unwanted intrusion, and financial targeting.
- Use of Standard Procedures: The judgment emphasised the importance of using the court’s PF10 form when applying for anonymity orders, maintaining consistency with the JXMX framework.
Implications for Claimants
This decision provides reassurance to vulnerable claimants that their privacy will be protected during legal proceedings. However, legal practitioners remain cautious as the legal landscape continues to evolve, with further rulings anticipated that could impact the approach to anonymity in the courts.
At Khan Mather Solicitors, we are committed to safeguarding our clients’ rights and privacy. If you have concerns about anonymity in personal injury claims, our experienced team is here to provide guidance and support, so call on 0161 850 9911 and speak to one of our Litigation Solicitors.