Robert Weir KC in Anonymity Appeal with Interim Guidance
Rob Weir KC appeared before the Court of Appeal (Master of the Rolls, Nicola Davies LJ, Warby LJ) today seeking to appeal the order of Nicklin J refusing to make an anonymity order in a cerebral palsy claim, which is quantum only but has not settled called PMC v A Local Health Board. The CA adjourned the appeal pending the handing down of a judgment by the Supreme Court in Abbasi v Newcastle Upon Tyne NHS Trust. The hearing will now be relisted over 2 days in the summer term.
The Nicklin J judgement has caused a degree of difficulty for practitioners seeking to persuade judges to make anonymity orders in advance of approval hearings.
At the claimant’s and PIBA’s request, the CA has provided a short judgment in which it has confirmed that:
- first instance judges are bound by JXMX v Dartford and Gravesham NHS Trust [2015] 1 WLR 3647;
- and the courts should continue to use the PF10 form;
(pending the CA determining the outcome of this appeal).
Rob Weir KC was instructed on behalf of the claimant/appellant with Rob Oldham of 12 KBW, by Steve Webber and Carys Lewis of Hugh James.
A copy of the CA’s judgment today can be found here.
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