Abertawe Bro Morgannwg University Local Health Board v Korashi [2012] EWHC 121 (QB) (08 February 2012)

Abertawe Bro Morgannwg University Local Health Board v Korashi [2012] EWHC 121 (QB) (08 February 2012)

Dr Korashi had no legal entitlement to retain or use confidential patient information after his employment ended, and no right to contact former patients using such information. The issues raised in his counterclaim had already been investigated by appropriate authorities and did not disclose a triable issue. There was no compelling reason to set aside the summary judgment or to allow the counterclaim to proceed.

Citation
[2012] EWHC 121
Parties
Claimant: ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD; Defendant: Dr. Ihab Korashi
Jurisdiction
England and Wales
Judgment Date
08 February 2012
Procedural Posture
Application to Set Aside Summary Judgment and Strike Out Counterclaim / Post Judgment Application
Outcome
Application dismissed
Legal Topics
Summary Judgment, Confidential Information, Injunctions, Whistleblowing, Employment Dismissal, Patient Records, Strike Out Applications
Employment Law Confidentiality Medical Law Summary Judgment Confidential Information Injunctions Whistleblowing Employment Dismissal +2 more

Case Brief

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Parties

ABERTAWE BRO MORGANNWG UNIVERSITY LOCAL HEALTH BOARD

Claimant

Dr. Ihab Korashi

Defendant

Procedural Posture

Application to Set Aside Summary Judgment and Strike Out Counterclaim / Post Judgment Application

Legal Issues

  1. 1 Whether Dr Korashi is entitled to set aside the summary judgment and strike out order made in his absence
  2. 2 Whether Dr Korashi is entitled to use confidential patient information to contact former patients of Mr A
  3. 3 Whether the Claimant is entitled to a final injunction restraining Dr Korashi from using confidential information and requiring delivery up of such information

Ratio Decidendi

Dr Korashi had no legal entitlement to retain or use confidential patient information after his employment ended, and no right to contact former patients using such information. The issues raised in his counterclaim had already been investigated by appropriate authorities and did not disclose a triable issue. There was no compelling reason to set aside the summary judgment or to allow the counterclaim to proceed.

Court Disposition

Application dismissed

Orders

  • Application by Dr Korashi to set aside the judgment of 27 May 2011 is dismissed.
  • No order made for a Limited Civil Restraint Order at this stage.