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.