Source: All England Reporter
Publisher Citation: [2016] All ER (D) 206 (Jan)
Neutral Citation: [2016] UKSC 2
Court: Supreme Court

Lady Hale DP, Lord Clarke, Lord Wilson, Lord Carnwath and Lord Hughes SCJJ

Representation Stephen Knafler QC and Roger Pezzani (instructed by Guile Nicholas) for the appellant.
  Kate Olley (instructed by The Government Legal Department) for the Secretary of State for Justice.
  Jude Bunting (working on a direct access basis) for the intervener, the Media Lawyers Association.
Judgment Dates: 27 January 2016


Mental health - Patient - Anonymity - Appellant being patient in psychiatric hospital - Appellant convicted of murdering another patient and her boyfriend - Appellant subsequently being transferred to private sector medium secure psychiatric hospital - Appellant seeking judicial review of decision refusing him unescorted community leave - Judge refusing appellant's claim but making anonymity order in appellant's favour - Court of Appeal dismissing appellant's appeal but leaving anonymity order in place - Whether there should be presumption of anonymity in civil proceedings relating to patients detained in psychiatric hospital or otherwise subject to compulsory powers - Whether anonymity order in present case should be maintained - .

The Case

Mental health Patient. In allowing the appellant patient's appeal, the Supreme Court held that it would be wrong to have a presumption that an anonymity order should be made in every case in civil proceedings in the High Court relating to a patient detained in a psychiatric hospital or otherwise subject to compulsory powers under the . However, in the present case, the anonymity order in place would be maintained on the basis that without it there was a very real risk that the progress the appellant had made during his long years of treatment in hospital would be put in jeopardy and his re-integration in the community, which had been an important purpose of his transfer to hospital, would not succeed.

Practice Areas

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