We deal with a lot of claims involving injuries to children, often as a result of road traffic accidents or from mistakes during birth. We also bring many claims on behalf of people who, after suffering a very serious brain injury, lack the mental capacity to conduct their own cases, and who are classed as ‘protected persons’.
One problem with these claims has been that any settlement requires (quite rightly) the approval of the Court and this has to be given at a public hearing where the names and addresses of the child or protected party can be obtained by the press and published.
We always try to prevent this by asking the Court to make an ‘anonymity order’ preventing the person’s name and address from being given out, particularly as the amounts of compensation involved may be very large, but in the past the Courts have been reluctant to grant these.
I was therefore very pleased to see that the Court of Appeal this week [1] have said that in the future children and protected parties should not be publicly named unless there is a very good reason to do. This will be a great help and comfort to victims and their families who will have one less thing to worry about when bringing claims for the compensation they rightly deserve after suffering terrible injuries.
[1] JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96