Turner & Anor Sheffield Teaching Hospital NHS Foundation Trust & Anor [2023] EWHC 3452 (KB) (21 September 2023)

Turner & Anor Sheffield Teaching Hospital NHS Foundation Trust & Anor [2023] EWHC 3452 (KB) (21 September 2023)

The Defendant does not have control over the HSIB interview transcripts/recordings for disclosure purposes under CPR 31.8, as the midwives are not acting as agents of the Defendant in the HSIB process and the safe space principle precludes the Defendant from demanding such documents. However, the transcripts/recordings are likely to assist the fair disposal of the claim and are necessary for a fair trial. The public interest in a fair trial outweighs the confidentiality interests protected by the safe space principle, especially as the HSIB process notifies interviewees that court-ordered disclosure is possible. Therefore, third-party disclosure against HSIB is ordered.

Citation
[2023] EWHC 3452 (KB)
Parties
Applicant/first Claimant: Collette Turner; Applicant/second Claimant: Jack Wand (a child by his mother and litigation friend Collette Turner); Defendant/first Respondent: Sheffield Teaching Hospital NHS Foundation Trust; Third Party/second Respondent: Healthcare Safety Investigation Board
Jurisdiction
England and Wales
Judgment Date
21 September 2023
Procedural Posture
Civil Clinical Negligence / Interlocutory Application for Specific and Third Party Disclosure
Outcome
Application for disclosure against Defendant refused; third-party disclosure against HSIB granted.
Legal Topics
Disclosure of Documents, Third Party Disclosure, Safe Space Principle, Patient Safety Investigations, Confidentiality in Investigations
Civil Procedure Medical Negligence Disclosure of Documents Third Party Disclosure Safe Space Principle Patient Safety Investigations Confidentiality in Investigations

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Parties

Collette Turner

Applicant/first Claimant

Jack Wand (a child by his mother and litigation friend Collette Turner)

Applicant/second Claimant

Sheffield Teaching Hospital NHS Foundation Trust

Defendant/first Respondent

Healthcare Safety Investigation Board

Third Party/second Respondent

Procedural Posture

Civil Clinical Negligence / Interlocutory Application for Specific and Third Party Disclosure

Legal Issues

  1. 1 Whether transcripts/recordings of midwife interviews by HSIB are in the control of the Defendant for disclosure purposes
  2. 2 Whether third-party disclosure should be ordered against HSIB for these documents
  3. 3 Balancing the safe space principle against the need for a fair trial

Ratio Decidendi

The Defendant does not have control over the HSIB interview transcripts/recordings for disclosure purposes under CPR 31.8, as the midwives are not acting as agents of the Defendant in the HSIB process and the safe space principle precludes the Defendant from demanding such documents. However, the transcripts/recordings are likely to assist the fair disposal of the claim and are necessary for a fair trial. The public interest in a fair trial outweighs the confidentiality interests protected by the safe space principle, especially as the HSIB process notifies interviewees that court-ordered disclosure is possible. Therefore, third-party disclosure against HSIB is ordered.

Court Disposition

Application for disclosure against Defendant refused; third-party disclosure against HSIB granted.

Orders

  • No order for disclosure against Defendant Trust.
  • Order for disclosure by HSIB of transcripts/recordings of midwife interviews relevant to the investigation into the Second Claimant's injury.