Collette Turner & Anor v Sheffield Teaching Hospital NHS Foundation Trust & Anor

Collette Turner & Anor v Sheffield Teaching Hospital NHS Foundation Trust & Anor

The Defendant does not have control of the HSIB interview transcripts/recordings under CPR 31.8, as it lacks a presently enforceable legal right to obtain them from the midwives without their consent. 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 and 'safe space' concerns, especially as the HSIB's own materials warn interviewees that disclosure may occur by court order. Therefore, third-party disclosure against HSIB is ordered.

Parties
First Claimant: Collette Turner; 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 (HSIB)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (clinical Negligence) / Interlocutory Application for Specific and Third Party Disclosure
Outcome
Application for specific disclosure against Defendant refused; application for third-party disclosure against HSIB granted.
Legal Topics
Third Party Disclosure, Control of Documents, Safe Space Principle, Fair Trial, Confidentiality in Investigations
Civil Procedure Medical Negligence Disclosure Third Party Disclosure Control of Documents Safe Space Principle Fair Trial Confidentiality in Investigations

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Parties

Collette Turner

First Claimant

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

Second Claimant

Sheffield Teaching Hospital NHS Foundation Trust

Defendant/first Respondent

Healthcare Safety Investigation Board (HSIB)

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 midwives' interviews with 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 How the 'safe space' principle and public interest in confidentiality balance against the need for a fair trial

Ratio Decidendi

The Defendant does not have control of the HSIB interview transcripts/recordings under CPR 31.8, as it lacks a presently enforceable legal right to obtain them from the midwives without their consent. 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 and 'safe space' concerns, especially as the HSIB's own materials warn interviewees that disclosure may occur by court order. Therefore, third-party disclosure against HSIB is ordered.

Court Disposition

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

Orders

  • HSIB to disclose transcripts or recordings of midwives' interviews relating to the investigation of the Second Claimant's injury.