Mersey Care NHS Trust v Ackroyd [2006] EWHC 107 (QB) (07 February 2006)

Mersey Care NHS Trust v Ackroyd [2006] EWHC 107 (QB) (07 February 2006)

The court held that the claimant hospital was not entitled to an order requiring the defendant journalist to disclose his source, as the public interest in protecting journalistic sources and reporting on matters of legitimate public concern outweighed the hospital's interest in confidentiality. The Norwich Pharmacal jurisdiction was not established because the source may have had a public interest defence, and the court was not satisfied that wrongdoing had occurred justifying disclosure.

Citation
[2006] EWHC 107
Parties
Claimant: Mersey Care NHS Trust; Defendant: Robin Ackroyd
Jurisdiction
England and Wales
Judgment Date
07 February 2006
Procedural Posture
Application for Disclosure Order (norwich Pharmacal) / Judgment After Trial
Outcome
Application for disclosure order dismissed
Legal Topics
Disclosure of Sources, Patient Confidentiality, Public Interest Defence, Norwich Pharmacal Jurisdiction, Breach of Confidence
Confidentiality Media Law Human Rights Civil Procedure Disclosure of Sources Patient Confidentiality Public Interest Defence Norwich Pharmacal Jurisdiction +1 more

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Parties

Mersey Care NHS Trust

Claimant

Robin Ackroyd

Defendant

Procedural Posture

Application for Disclosure Order (norwich Pharmacal) / Judgment After Trial

Legal Issues

  1. 1 Whether the court should order the defendant journalist to disclose his source for confidential medical records
  2. 2 Whether the Norwich Pharmacal jurisdiction applies where the source may have a public interest defence
  3. 3 Whether there was wrongdoing by the source justifying disclosure

Ratio Decidendi

The court held that the claimant hospital was not entitled to an order requiring the defendant journalist to disclose his source, as the public interest in protecting journalistic sources and reporting on matters of legitimate public concern outweighed the hospital's interest in confidentiality. The Norwich Pharmacal jurisdiction was not established because the source may have had a public interest defence, and the court was not satisfied that wrongdoing had occurred justifying disclosure.

Court Disposition

Application for disclosure order dismissed