THN -v- Mersey Care NHS Foundation Trust (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-MAN-000366

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

In the matter of an application for judicial review

2 October 2025

Before:

His Honour Judge Bird

Between:

The King
on the application of
THN

-v-

Mersey Care NHS Foundation Trust

Order

On an application by the Claimant for judicial review and for anonymity

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER BY His Honour Judge Bird

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as THN.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Save as provided for in this order the claim is stayed until 4pm on Friday 6 March 2026
  2. Any party may apply

(a) to lift the stay at any time or
(b) to vary the terms of this order within 7 days of service of this order on them

  1. In the absence of an application to lift the stay before 4pm on 6 March 2026 the claim shall without the need for further order be dismissed with no order as to costs

REASONS

(1) Anonymity: The Claimant is a patient detained at a hospital run by the Defendant. The Claimant has a right to keep the fact of his treatment and detention private. Absent an anonymity order the status of the claimant would necessarily be revealed. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

(2) I note that Defendant has said the policy will be changed. Until the amendment has been made and considered I am not prepared to refuse permission to proceed. On the policy as presently worded, the claim raises arguable grounds for review. I have concluded that the best (and fairest) course is to stay the proceedings to allow the Defendant time to make the relevant change and to allow the Claimant time to consider the change.

(3) It is not clear to what extent the Defendant’s position as disclosed in correspondence is widely known. There is a risk that the present policy is misleading because the Defendant may be following an unpublished policy which may be at odds with the published policy.

(4) I have made no costs order. Costs issues are best determined once the new policy has been formulated and if the stay is lifted earlier than the date I have provided for.

Signed: His Honour Judge Bird
Date: 2 October 2025