The High Court has recently considered the circumstances in which it is appropriate to grant anonymity orders under CPR 39.2(4) and the stage at which such applications should be made.
In Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) the Claimant brought proceedings against the Defendant NHS Trust for psychiatric injury allegedly caused by the Defendant’s negligence. Primary liability was admitted at an early stage by the Defendant.
At the start of trial the Claimant applied for an anonymity order on the basis that facts of a deeply personal nature relating to her history of mental health problems were likely to enter the public domain. The application was not actively opposed by the Defendant. It was, however, opposed by the Press Association, which had been invited to make representations by the judge (Martin Spencer J).
In refusing to grant the application Martin Spencer J provided useful guidance as to the exercise of the court’s discretion under CPR 39.2(4) and the need to balance a claimant’s Article 8 rights with those under Article 10 concerning the freedom of the press. Key points from the judgment include:
Chambers congratulates Adam Dawson upon being awarded an MBE for services to charity and service to the Jewish Community. For over 30 years Adam has been involved in the heart of the Jewish community, leading several charities and organisations. After a year as Chair of…
This week Russell Wilcox and Thomas Clarke examine whether in applications to set aside default judgment there exists such a thing as a ‘co-defendant principle’; essential reading for all practitioners. Co-defendants and Applications to Set Aside: the More the Merrier? In the recent case of…
Introduction On Wednesday 21st of May, the Supreme Court handed down judgment in the long-awaited case of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment was awaited by almost all with an interest in construction law and related professional negligence. BDW…
Deka Chambers: 5 Norwich Street, London EC4A 1DR