Cornelius v De Taranto [2000] EWHC 561 (QB) (30 June 2000)

Cornelius v De Taranto [2000] EWHC 561 (QB) (30 June 2000)

The Defendant breached the implied contractual duty of confidentiality by transmitting the medico-legal report to third parties without the Claimant's consent. Although some defamatory meanings were justified, the unproven defamatory charge did not materially injure the Claimant's reputation in light of the proven charges. Damages for injury to feelings are recoverable for breach of confidence in these circumstances.

Citation
[2000] EWHC 561
Parties
Claimant: Mrs Cornelius; Defendant: Dr de Taranto
Jurisdiction
England and Wales
Judgment Date
30 June 2000
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimant in part
Legal Topics
Defamation, Breach of Confidence, Damages for Injury to Feelings, Consent to Disclosure, Confidential Medical Information, Justification Defence, Section 5 Defamation Act 1952, Partial Justification, Implied Contractual Duty of Confidentiality
Defamation Contract Law Confidentiality Tort Breach of Confidence Damages for Injury to Feelings Consent to Disclosure Confidential Medical Information +4 more

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Parties

Mrs Cornelius

Claimant

Dr de Taranto

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendant's medico-legal report contained defamatory statements about the Claimant
  2. 2 Whether the Defendant was justified in publishing the report to third parties
  3. 3 Whether the Claimant consented to the disclosure of confidential information

Ratio Decidendi

The Defendant breached the implied contractual duty of confidentiality by transmitting the medico-legal report to third parties without the Claimant's consent. Although some defamatory meanings were justified, the unproven defamatory charge did not materially injure the Claimant's reputation in light of the proven charges. Damages for injury to feelings are recoverable for breach of confidence in these circumstances.

Court Disposition

Judgment for the Claimant in part

Orders

  • Defendant to pay £3,000 for injury to feelings caused by breach of confidence
  • Defendant to pay £750 for expenses incurred by the Claimant in attempting to retrieve copies of the report