Supreme Court considers case for mental health patients to remain anonymous in civil court proceedings

Wednesday 4 November 2015

In a landmark legal case at the Supreme Court, Stephen Knafler QC and Roger Pezzani of Garden Court Chambers have represented a former mental health patient, known as “C”, instructed by Omiros Nicholas of Guile Nicholas solicitors.

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C is challenging decisions by the High Court and Court of Appeal, to refuse him anonymity in a case involving a judicial review, by C, of a decision refusing to grant him unescorted leave in the community, made by the Secretary of State for Justice, whilst he was detained and receiving treatment for mental illness.

Stephen Knafler QC, Roger Pezzani and Omiros Nicholas argued that legal challenges involving mental health patients must be held in private, or protect the patient’s identity, whether they are held in the tribunal or the High Court, Court of Appeal or Supreme Court.

C has now been released by the Parole Board.

The case has been reported in the Telegraph and Times. Watch the full Supreme Court hearing on 26 October 2015.

Stephen Knafler QC and Roger Pezzani are members of the public law, mental health law and community care law teams at Garden Court Chambers.

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