RFV v The Personal Representatives of John Middleham (Deceased) & Ors

RFV v The Personal Representatives of John Middleham (Deceased) & Ors

Disclosure of the MASH Letter and related documents concerning UJM is refused as the necessary threshold is not met and the interference with UJM’s Article 8 rights is disproportionate, now that her identity is known and the experts can proceed on that basis. Disclosure of safeguarding documents relating to the Claimant is ordered, as it is necessary and proportionate. Disclosure of YHN’s immigration documents and the Claimant’s social services records is ordered, subject to redaction of the identities of children and third party adults (other than the Claimant and YHN), as this strikes the appropriate balance between fair trial rights and privacy.

Parties
Claimant: RFV (by her litigation friend, TGB); Defendant/applicant: Personal Representatives of Mr John Middleham (Deceased); Defendant/applicant: Royal & Sun Alliance Insurance Limited; Respondent (first Application): Birmingham Community Healthcare NHS Foundation Trust; Respondent (second Application): Secretary of State for the Home Department; Respondent (third Application): Birmingham Children’s Trust Community Interest Company
Jurisdiction
England and Wales
Judgment Date
28 April 2026
Procedural Posture
Personal Injury (road Traffic Accident) / Interlocutory Applications for Non Party Disclosure
Outcome
Applications granted in part and refused in part
Legal Topics
Non Party Disclosure, Article 8 ECHR (right to Private and Family Life), Medical Records Confidentiality, Causation in Personal Injury, Anonymity Orders
Civil Procedure Personal Injury Data Protection Human Rights Non Party Disclosure Article 8 ECHR (right to Private and Family Life) Medical Records Confidentiality Causation in Personal Injury +1 more

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Parties

RFV (by her litigation friend, TGB)

Claimant

Personal Representatives of Mr John Middleham (Deceased)

Defendant/applicant

Royal & Sun Alliance Insurance Limited

Defendant/applicant

Birmingham Community Healthcare NHS Foundation Trust

Respondent (first Application)

Secretary of State for the Home Department

Respondent (second Application)

Birmingham Children’s Trust Community Interest Company

Respondent (third Application)

Procedural Posture

Personal Injury (road Traffic Accident) / Interlocutory Applications for Non Party Disclosure

Legal Issues

  1. 1 Whether non-party disclosure of confidential documents relating to third parties (including family members) should be ordered under CPR 31.17 and s.34(2) Senior Courts Act 1981
  2. 2 Whether disclosure is necessary and proportionate given Article 8 rights and the relevance to causation in a personal injury claim
  3. 3 Appropriate scope and redaction of documents to balance fair trial rights and privacy

Ratio Decidendi

Disclosure of the MASH Letter and related documents concerning UJM is refused as the necessary threshold is not met and the interference with UJM’s Article 8 rights is disproportionate, now that her identity is known and the experts can proceed on that basis. Disclosure of safeguarding documents relating to the Claimant is ordered, as it is necessary and proportionate. Disclosure of YHN’s immigration documents and the Claimant’s social services records is ordered, subject to redaction of the identities of children and third party adults (other than the Claimant and YHN), as this strikes the appropriate balance between fair trial rights and privacy.

Court Disposition

Applications granted in part and refused in part

Orders

  • First Application (re MASH Documents): Refused as to UJM’s records; granted as to Claimant’s safeguarding documents.
  • Second Application (immigration documents): Granted, subject to redaction of identities of children and third party adults other than Claimant and YHN.