PCM -v- Cwm Taf Morgannwg University Health Board (order / anonymity order)

Court of Appeal Civil DivisionHigh CourtKing's Bench DivisionAnonymity OrderOrder

Claim number: CA-2024-002798

In the Court of Appeal
on appeal from the High Court of Justice
King’s Bench Division
Mr Justice Nicklin
[2024] EWHC 2969 (KB)

28 October 2025

Before:

Sir Geoffrey Vos, Master of the Rolls

Lord Justice Warby

Lady Justice Whipple

Between:

PCM (a Child By His Mother And Litigation Friend FLR)

-v-

Cwm Taf Morgannwg University Health Board

Order

UPON hearing: Robert Weir KC and Robert Oldham for the Appellant; Jeremy Hyam KC for the Respondent; Luke Browne for the British Broadcasting Association; Anya Proops KC, Stephen Cottrell and Hannah Ready on behalf of the Personal Injuries Bar Association; Nicola Greaney KC as Advocate to the Court; and Fiona Paterson KC for the Official Solicitor on 25 February and on 22 and 23 July 2025

AND UPON judgment having been handed down on 28 August 2025

IT IS ORDERED THAT: –

  1. The Appeal is allowed.
  2. The Order of Nicklin J dated 22 November 2024 is set aside.
  3. 50% of the Appellant’s costs below and on appeal to be costs in the case to be assessed on the standard basis and payable by the Respondent in the event that the Appellant’s claim succeeds.
  4. There be an anonymity order granted to the Claimant, the order being prospective in nature, consisting of:
    a. A withholding order as set out in paragraphs 5-6 of this Order; and
    b. A reporting restriction order as set out in paragraphs 7-10 of this Order.
  5. The following information shall be withheld from the public and must not be disclosed in any future proceedings in open court:
    a. The name or address of the Claimant or his litigation friend;
    b. The name or address of the Claimant’s school.
  6. In open court and in any statement of case or judgment or order of the Court the Claimant shall be referred to as “PMC” and the Litigation Friend shall be referred to as “FLR”.
  7. From the date of this Order there shall not be disclosed in any publication of or concerning the proceedings any of the information set out in paragraph 5. These restrictions shall last until further order.
  8. These restrictions do not apply to any publications lawfully made before the date of this Order.
  9. ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
  10. Pursuant to CPR Rules 5.4C and 5.4D:
    a. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has first been anonymised by removing the information specified in paragraph 5 above.
    b. If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  11. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 5 above by 14 November 2025 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  12. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 27 October 2025 and any application by a non-arty to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  13. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  14. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the Order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

Reasons for the Costs Order

a. The Appellant’s application for an anonymity order was made in the context of his claim for damages against the Respondent, and costs associated with application are to be characterised as costs of and incidental to the underlying claim. The starting position is that they are costs in the case which are recoverable in the event that the claim succeeds. That is the position under CPR Part 44.2(b) as reflected in PF10.
b. If the application for anonymity had succeeded at first instance, some proportion of the Appellant’s costs would doubtless have been ordered to be costs in the case, on the basis outlined in the previous paragraph.
c. The Appellant failed before the judge at first instance and was obliged to appeal to this Court, where his appeal succeeded. That outcome means that all the Appellant’s costs relating to the application, at first instance and on appeal, are to be characterised as costs of and incidental to the underlying claim and the starting position is that they are all costs in the case.
d. However, the Appellant has not been wholly successful because the order he sought was more extensive than the order made, most notably because it is only prospective in effect. Moreover, the Respondent adopted a predominantly neutral stance, and the application raised issues of public interest. In those circumstances, it is appropriate to make a reduction.
e. We assess that reduction at 50%