MH v Mental Health Tribunal for Scotland

Civil procedure – Mental health – Protection of privacy – Anonymisation of parties' names in civil court proceedings. Court of Session: In proceedings by an appellant who was compulsorily detained under mental health legislation, challenging the Sheriff Principal's refusal of her appeal against a determination of the convenor of Mental Health Tribunal for Scotland, in which the appellant enrolled a motion to anonymise her details to initials 'MH' and to design her care of her solicitors in order to protect her privacy, the court held that there would require to be quite exceptional circumstances before the court would permit a litigation to proceed with an instance containing initials or a pseudonym; as matters stood there was insufficient material to justify anonymising the appellant's name in the proceedings, and it therefore refused the application for an anonymity order.

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