Are Anonymity Orders in Danger? - A Guide for Clinical Negligence & PI Lawyers

Introduction

This webinar will consider the basis for making of an anonymity order; whether it is an essential pre-condition for the making of such an order that the information is withheld at the outset of the proceedings. You will also be informed about the reasons why the reporting restrictions order can be retrospective as well as prospective.

This webinar will enable you to understand why you might need to be making applications for at least a ‘withholding order’ pursuant to CPR 5.4C(4) at the time of issuing proceedings. You also need to understand the potential consequences of not doing this at the outset of proceedings.

Did the Court of Appeal in JXMX V Dartford & Gravesham NHS Trust fail to include an analysis of the circumstances in which the Court can make a reporting restriction order under s.11? Did the CA in JXMX fail to identify a statutory basis for the making of the anonymity order? Is the decision in JXMX contrary to previous decisions of Courts at appellate levels?

Practical tips will be considered about the form of the model order PF10 and where alterations may need to be made to that order.

What You Will Learn

This webinar will cover the following:

• Should you be issuing an application to withhold the details of a protected party at the outset?
• What is the basis of such an application - is a statutory basis and if so, what is the statute?
• Is there still a common law power to make a withholding order?
• Where does S.11 of Contempt of Court Act 1981 fit in?
• Does s.6 HRA 1998 simply provide a duty on the Court, or does it provide a statutory basis for the making of withholding orders?
• How should Article 14 of the ECHR affect such applications?
• What happens if you do not make an application for an anonymity order or an order withholding information relating to a claimant at the outset of the proceedings?
• What should I now do with cases involving protected parties that have been issued and where no such applications have been made already?
• Is PF10 still a suitable model order and what paragraphs of it may need to be altered?

This pre-recorded webinar will be available to view from Tuesday 27th May 2025

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