Simpson Millar welcomes Court of Appeal ruling protecting anonymity of injured claimants

Simpson Millar has welcomed a Court of Appeal judgment handed down this morning in PMC v A Local Health Board [2025] EWCA Civ 1126, which reaffirms the Court’s power to protect the identity of people bringing injury claims.

The case centred on the extent to which the courts can balance the principle of open justice against the need to protect the privacy and anonymity of individuals pursuing personal injury claims. The Court of Appeal’s decision clarifies and confirms that the judiciary retains discretion to ensure vulnerable claimants are not exposed to unnecessary harm through public identification.

The firm, which acted on behalf of the Personal Injuries Bar Association (PIBA) who intervened in the case, said the ruling provides important reassurance for injured people and their families.

Greg Cox, CEO of Simpson Millar, said the judgment highlights the challenge of striking the right balance between transparency in the justice system and protecting those at risk of harm. He said: “The balance between the Open Justice principle and the harms caused by identifying or disclosing information about vulnerable injured clients is a difficult one to strike. We have seen abuses of the Open Justice principle in the Afghan Super-injunction case amongst others and it is right and correct that the Court revisited the balance.

“We are delighted that the Court of Appeal upheld the principles that were set out in JX MX v Dartford and Gravesham NHS Trust so that vulnerable clients can be protected and that the Court resolved the uncertainty caused by the first instance decision in PMC.

“I would like to pay tribute to the work of the Personal Injuries Bar Association in intervening in this case, the Simpson Millar team who worked on PIBA’s behalf, particularly Edward Stansfield, and the expert team of Counsel: Sarah Crowther KC, Emily Formby KC, Anya Proops KC, William Latimer-Sayer KC, Stephen Cottrell and Hannah Ready who all contributed to the arguments put forward.”

Ed Stansfield, Simpson Millar Partner, said “As the Court of Appeal recognised, the issues in this case were really important ones. The Court of Appeal has put the power to make Anonymity Orders in personal injury cases beyond any doubt, but it has also underlined the crucial importance of open justice. Careful consideration will still need to be given to the timing of applications for Anonymity Orders as well as their scope.”

Simpson Millar acted for PIBA in the intervention, working alongside a leading team of Counsel. The judgment is expected to have a lasting impact on how the courts handle anonymity in injury cases involving children and vulnerable people, giving greater certainty and protection to those who might otherwise be identified through the legal process.

With a long history of representing injured clients and advocating for access to justice, Simpson Millar continues to play a leading role in shaping the law to better protect the rights of vulnerable people.