That order was not published on the Judiciary website as had been requested in the application
That order was not published on the Judiciary website as had been requested in the application.
The claim was listed to be heard by me remotely and in private on 29 September 2025. In advance of the hearing I raised two questions with counsel:
the question of the appropriate procedure for and substantive terms of any withholding order/reporting restrictions order/anonymity order and referred then to the recent decision of the Court of Appeal PMC v Cwm Taf Morgannwg University Health Board [2025] EWCA Civ 1126; and
the extent to which the other members of the beneficial class knew what the issue is that might be the subject of any dispute for the purposes of section 48.
Mr Lister signed a further witness statement on 26 September 2025. In it he explained that the adult members of the beneficial class had been informed that it was as a result of the Child’s “particular circumstances” that the Trustees were making the present application to the Court and none had raised any concern about the Child being a beneficiary or raised any concern about the approach being taken by the Trustees.
I asked Mr Cumming to address my questions at the start of the hearing, which he did, and reserved my judgment. Mr Cumming and Ms Lavelle have helpfully produced a Note of their submissions following the hearing.
- Heading
- Section 1
- That order was not published on the Judiciary website as had been requested in the application
- Privacy/Anonymity/Confidentiality
- The Claimants’ Submissions on Privacy/Anonymity/Confidentiality
- Discussion and Conclusions on Privacy/Anonymity/Confidentiality
- Section 48 of the AJA 1985
- Conclusions
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