Balu v Dudley Primary Care Trust

Balu v Dudley Primary Care Trust

Privilege in the August and September notes and related documents was waived by the claimant's conduct, including unconditional disclosure to the PCT, inclusion in the hearing bundle, use in evidence, and failure to object or restrict use. There was no remaining confidentiality between the parties, and privilege could not be asserted before the FHSAA. Appeal dismissed.

Parties
Claimant: Balu; Defendant: Dudley Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
09 April 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Removal From Performers List, Disclosure of Documents
Administrative Law Health Law Evidence Legal Professional Privilege Waiver of Privilege Removal From Performers List Disclosure of Documents

Case Brief

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Parties

Balu

Claimant

Dudley Primary Care Trust

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether retrospective notes and related documents were protected by legal advice privilege
  2. 2 Whether privilege was waived by disclosure and conduct before the Professional List Panel
  3. 3 Whether privilege could be asserted in subsequent proceedings before the FHSAA

Ratio Decidendi

Privilege in the August and September notes and related documents was waived by the claimant's conduct, including unconditional disclosure to the PCT, inclusion in the hearing bundle, use in evidence, and failure to object or restrict use. There was no remaining confidentiality between the parties, and privilege could not be asserted before the FHSAA. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent’s costs, assessed at £9,000, within 28 days
  • Permission to appeal refused