Anonymity orders—when the genie is out of the bottle (PMC (a child by his mother and litigation friend FLR) v A Local Health Board)
Dispute Resolution analysis: The High Court held that a claimant, who had sought an interim and final anonymity order in respect of their claim, could not do so. This was (in part) due to the claimant's prior engagement with journalists which had led to articles about the claimant's condition, the subject of the substantive proceedings, previously being published and being publicly available online. The court explored the balancing exercise that must be undertaken when exercising their discretion to grant an anonymity order in respect of Article 8 of the European Convention on Human Rights (ECHR), rights to a private and family life, and Article 10 ECHR rights to freedom of expression. It held that it was for a claimant to persuade the court that it should depart from the standard position that court proceedings should be public and so promote access to justice in favour of granting any anonymity order. In this, the court disagreed with the reasoning in the Court of Appeal decision JX MX, and preferred that of the Supreme Court in Khuja v Times Newspapers Ltd, and that of the House of Lords in In Re S. Written by Iain Blackwell, associate at Trowers & Hamlins LLP.