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 defence of justification succeeded under Section 5 of the Defamation Act 1952. The Claimant is entitled to damages for injury to feelings caused by breach of confidence, but not for the cost of the report itself.

Citation
[2000] EWHC 561 (QB)
Parties
Claimant: Mrs Cornelius; Defendant: Dr de Taranto
Jurisdiction
England and Wales
Judgment Date
30 June 2000
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant in part
Legal Topics
Defamation, Breach of Confidence, Damages for Injury to Feelings, Consent to Disclosure, Justification Defence, Section 5 Defamation Act 1952, Confidential Medical Information, Publication of Defamatory Material
Defamation Contract Law Confidentiality Tort Law Breach of Confidence Damages for Injury to Feelings Consent to Disclosure Justification Defence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mrs Cornelius

Claimant

Dr de Taranto

Defendant

Procedural Posture

Civil / Judgment

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 defence of justification succeeded under Section 5 of the Defamation Act 1952. The Claimant is entitled to damages for injury to feelings caused by breach of confidence, but not for the cost of the report itself.

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 in attempting to retrieve the report from health service records