Shahram Sharghy obtained an anonymity order in the High Court yesterday in favour of a severely brain injured claimant, DXW. The order was applied for at the Approval Hearing of a seven figure settlement. The Court concluded that it was bound by the Court of Appeal decision in JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96, notwithstanding the powerful judgment of Nicklin J. in PMC -v- A Local Health Board [2024] EWHC 2969 (KB), which questioned the correctness of JX MX. An analysis of the PMC judgment is available in the Quarterly Medical Law Review here.
On 9 December 2024 Mr Marcus Pilgerstorfer KC (sitting as a Deputy Judge of the High Court) approved an Anonymity Order in DXW (by his Litigation Friend JXR) v. (1) Lewis (2) Aviva Plc at an Approval Hearing for settlement made on behalf of a Protected Party. Shahram Sharghy represented the Claimant and made detailed oral submissions as to the applicable principles that had endured since JX MX had been determined in 2015 and why they remain applicable even today in a personal injury/clinical negligence context. He further submitted that the facts of the instant case were clearly distinguishable from PMC in that:
- The anonymity order was being sought in the context of an approval of settlement, which was consistent with the principles laid down in JXMX, where the rights of the protected party to family life (Art 8) was an important consideration over open justice and journalistic values.
- It was not being sought to prevent media coverage of the claim and its circumstances, as was the case in PMC, where open justice and journalistic values was an important consideration.
- In contrast to PMC, there was no previous media coverage of the claim and its circumstances and therefore public interest in the case was minimal.
- There would be no practical implications regarding removal of previous press reports or other information about the claim which had not only been made available but had in fact been accessed by the public at large.
- In contrast with PMC, where there were wider public interests in relation to public services within the defendant’s sphere, there was no such interest in relation to matters relating to the accident in DXW’s claim.
- Finally, the Court was referred to a slightly modified Anonymity Order which had been made by HHJ Howells (sitting as a Deputy Judge of the High Court) in KXR v MXU on 2 December 2024 which followed the standard form available on the Court Service website and was consistent with the principles enunciated in JX MX.
Shahram Sharghy was instructed by Daryl Robinson and Sophie Winstanley of Moore Barlow LLP.
