De Taranto v Cornelius [2001] EWCA Civ 1511 (17 October 2001)

De Taranto v Cornelius [2001] EWCA Civ 1511 (17 October 2001)

Express consent is required before a medico-legal report prepared for litigation purposes is sent to third parties, even if there is consent to referral for treatment. In the absence of such consent, sending the report constitutes a breach of confidence.

Citation
[2001] EWCA Civ 1511
Parties
Appellant/defendant: Nicola de Taranto; Respondent/claimant: Pamela Cornelius
Jurisdiction
England and Wales
Judgment Date
17 October 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal on liability dismissed; appeal on costs allowed in part.
Legal Topics
Breach of Confidence, Defamation, Consent in Medical Context, Costs Orders
Tort Law Medical Law Breach of Confidence Defamation Consent in Medical Context Costs Orders

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Parties

Nicola de Taranto

Appellant/defendant

Pamela Cornelius

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Dr de Taranto breached Mrs Cornelius' confidence by sending a medico-legal report to third parties without consent
  2. 2 Whether Mrs Cornelius consented to referral and/or dissemination of the report
  3. 3 Whether the contents of the report were defamatory and, if so, whether the defence of justification applied

Ratio Decidendi

Express consent is required before a medico-legal report prepared for litigation purposes is sent to third parties, even if there is consent to referral for treatment. In the absence of such consent, sending the report constitutes a breach of confidence.

Court Disposition

Appeal on liability dismissed; appeal on costs allowed in part.

Orders

  • Order for costs below set aside and replaced with no order as to costs below.
  • No order for costs on the appeal.