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05 February 2016
Issue: 7685 / Categories: Case law , Law digest , In Court
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Mental health

R (on the application of C) v Secretary of State for Justice [2016] UKSC 2, [2016] All ER (D) 206 (Jan)

In allowing the appellant patient’s appeal, the Supreme Court held that it would be wrong to have a presumption that an anonymity order should be made in every case in civil proceedings in the High Court relating to a patient detained in a psychiatric hospital or otherwise subject to compulsory powers under the Mental Health Act 1983. However, in the present case, the anonymity order in place would be maintained on the basis that without it there was a very real risk that the progress the appellant had made during his long years of treatment in hospital would be put in jeopardy and his re-integration in the community, which had been an important purpose of his transfer to hospital, would not succeed.

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NLJ Career Profile: Nikki Bowker, Devonshires

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

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Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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