Northern Lincolnshire & Goole NHS Foundation Trust v Burnell-Chambers & Anor [2024] EWHC 1901 (KB) (24 July 2024)

Northern Lincolnshire & Goole NHS Foundation Trust v Burnell-Chambers & Anor [2024] EWHC 1901 (KB) (24 July 2024)

Permission to bring contempt proceedings is granted against the Second Defendant only in relation to the false statement ground, as there is a strong prima facie case supported by video surveillance evidence that she knowingly made false statements likely to interfere with the course of justice. Permission is refused on the interference with the due administration of justice ground as the evidence does not meet the high threshold required.

Citation
[2024] EWHC 1901 (KB)
Parties
Claimant: Northern Lincolnshire & Goole NHS Foundation Trust; First Defendant: Kae Burnell-Chambers; Second Defendant: Lynne Clifford
Jurisdiction
England and Wales
Judgment Date
24 July 2024
Procedural Posture
Permission Application for Contempt of Court / Judgment on Permission to Bring Contempt Proceedings
Outcome
Permission granted in part
Legal Topics
Contempt of Court, False Statements, Clinical Negligence, Costs, Permission for Committal Proceedings
Civil Procedure Medical Law Contempt of Court False Statements Clinical Negligence Costs Permission for Committal Proceedings

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Parties

Northern Lincolnshire & Goole NHS Foundation Trust

Claimant

Kae Burnell-Chambers

First Defendant

Lynne Clifford

Second Defendant

Procedural Posture

Permission Application for Contempt of Court / Judgment on Permission to Bring Contempt Proceedings

Legal Issues

  1. 1 Whether permission should be granted to bring contempt proceedings against the Second Defendant for interference with the due administration of justice and/or for knowingly making a false statement in a document verified by a statement of truth

Ratio Decidendi

Permission to bring contempt proceedings is granted against the Second Defendant only in relation to the false statement ground, as there is a strong prima facie case supported by video surveillance evidence that she knowingly made false statements likely to interfere with the course of justice. Permission is refused on the interference with the due administration of justice ground as the evidence does not meet the high threshold required.

Court Disposition

Permission granted in part

Orders

  • Permission granted to the Claimant to bring committal proceedings against the Second Defendant in relation to the false statement ground.
  • Permission refused in respect of the interference with the due administration of justice ground.