MS -v- Lewisham and Greenwich NHS Trust and another (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002155

In the High Court of Justice
King’s Bench Division
Administrative Court

In the matter of an application for judicial review

5 August 2024

Before:

The Honourable Mr Justice Lavender

Between:

MS

-v-

(1) Lewisham and Greenwich NHS Trust
(2) South London and Maudsley NHS Foundation Trust

Order

Notification of the Judge’s decision on the application for the writ of habeas corpus for release (CPR 87.3, 87.4)

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Lavender

  1. The application for the writ of habeas corpus for release is refused.
  2. Pursuant to CPR 87.4, the Claimant may request the above decision to be reconsidered at an oral hearing, provided that any such request is filed within 7 days after the service of this order on the Claimant. The Claimant must also serve this order on the Defendants.
  3. Pursuant to CPR Rule 39.2(4) no-one may publish in any newspaper, broadcast, social media or other media any name, address, image or other information tending to identify the Claimant as party to these proceedings.
  4. In any publication, broadcast, social media or other media relating to these proceedings, the Claimant shall be known by the letters MS.
  5. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a Statement of Case, Judgment, Order or other document from the Court records if the document has been anonymised such that: (a) The Claimant is referred to as MS. (b) The address of the Claimant has been deleted.
  6. Insofar as any Statement of Case, Judgment, Order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 4 above, the Claimant has permission to file with the Court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the Court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court for an order setting aside, varying or discharging paragraphs 3 to 6 of this Order, provided that any such application is made on 7 working days’ notice to the Claimant.
  8. No order for costs.

Reasons

  1. Habeas corpus is inappropriate, since the claimant has an alternative remedy, namely an application to the Mental Health Tribunal.
  2. In any event, the Claimant, who gives his address as University Hospital Lewisham, has not identified any basis for seeking a writ of habeas corpus against the Second Defendant. Moreover, the Claimant has not provided evidence of service of the claim form on the Second Defendant.
  3. Insofar as the Claimant complains of matters other than his detention, such as his claim that he has been assaulted, those claims do not raise issues of public law for consideration by the Administrative Court and can be brought instead in the appropriate court or tribunal.
  4. Anonymity is necessary because the case concerns issues as to the Claimant’s mental health.

    Signed: Nicholas Lavender Dated: 5 August 2024