NEW EDITION OF THE KINGS BENCH GUIDE: THE GENERAL CHANGES AND THE GUIDANCE ON ANONYMITY ORDERS

There is a new edition of the King’s Bench Guide.  There are some additions and changes.  In particular the Guide notes the difference between an application for an anonymity order made at an approval hearing and one that is not.

(The King’s Bench in 1808.  Note how the lawyers are talking to each other. No-one is on their phone or looking at their laptop).

THE CHANGES

These are noted in the Editorial Note by Senior Master Cook.

“This eleventh edition of the Guide makes some further changes since the full
revision of the Guide in the 2022 edition. Those changes relate to:
∙ Updated guidance in relation to the operation of the Foreign Process
section.
∙ A checklist for use in applications for service out of the Jurisdiction.
∙ Amendments to Masters’ Hearing Directions.
∙ The inclusion of the Senior Master’s Guidance Note on Costs
Management.
∙ Updated KB Masters Clerks contact details”

THE SECTION ON ANONYMITY ORDERS

In terms of practice it is worthwhile noting the important distinction between an anonymity order sought generally and one that is sought at an approval hearing.

“15.25 Any application for anonymity of one or more parties must be made, except
at approval hearings, by Part 23 application, which should be supported by
evidence and preferably accompanied by a skeleton argument, see PMC
(a child by his mother and Litigation friend FLR) v A Local Health Board
[2024] EWHC 2969 (KB). Such applications require judicial determination
and the parties cannot simply consent to anonymity. See section 4 above
on applications made at the point of issue and section 17 below for
applications in the Media and Communication List. At approval hearings,
the application may be made without a formal Part 23 application or prior
notice to the press. At such hearings, if anonymity is requested, it should
ordinarily be ordered unless it is not necessary to do so (see JXMX v Dartford
and Gravesham NHS Trust [2015] EWCA Civ 96). See PF10 for a form of
order suitable for anonymity orders made at approval hearings:
https://www.gov.uk/government/publications/form-pf10-anonymity-andprohibition-of-publication-order”

FINDING THE GUIDE

The Guide can be found here.