Manchester University NHS Foundation Trust v Namiq & Anor

Manchester University NHS Foundation Trust v Namiq & Anor

The balance of interests in this case falls in favour of granting the reporting restriction order to anonymise treating clinical and nursing staff, given the public interest in allowing them to perform their duties without risk of hostile media attention, and minimal harm to open justice as proceedings and judgment are public.

Parties
Applicant: Manchester University NHS Foundation Trust; First Respondent: Midrar Namiq; Second Respondent: Mr Karwan Mohammed Ali; Third Respondent: Ms Shokhan Namiq
Jurisdiction
England and Wales
Judgment Date
28 January 2020
Procedural Posture
Family Division Application / Ruling on Reporting Restriction Order
Outcome
Reporting restriction order extended to cover treating clinical and nursing staff.
Legal Topics
Reporting Restriction Orders, Open Justice, Anonymity of Healthcare Professionals, Article 8 ECHR, Article 10 ECHR
Family Law Human Rights Reporting Restriction Orders Open Justice Anonymity of Healthcare Professionals Article 8 ECHR Article 10 ECHR

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Parties

Manchester University NHS Foundation Trust

Applicant

Midrar Namiq

First Respondent

Mr Karwan Mohammed Ali

Second Respondent

Ms Shokhan Namiq

Third Respondent

Procedural Posture

Family Division Application / Ruling on Reporting Restriction Order

Legal Issues

  1. 1 Whether to continue a reporting restriction order anonymising treating clinicians and nursing staff
  2. 2 Balancing open justice and transparency against privacy and protection of healthcare professionals

Ratio Decidendi

The balance of interests in this case falls in favour of granting the reporting restriction order to anonymise treating clinical and nursing staff, given the public interest in allowing them to perform their duties without risk of hostile media attention, and minimal harm to open justice as proceedings and judgment are public.

Court Disposition

Reporting restriction order extended to cover treating clinical and nursing staff.

Orders

  • Reporting restriction order continued in same terms as previously granted, covering treating clinical and nursing staff.