ABC v Shulmans LLP [2019] EWHC 2458 (Comm) (25 September 2019)

ABC v Shulmans LLP [2019] EWHC 2458 (Comm) (25 September 2019)

The existence of confidentiality provisions, medical history, settlement of proceedings, or privileged material does not justify wide-ranging anonymity or privacy orders in professional negligence proceedings; open justice prevails absent compelling countervailing rights, and only limited redactions regarding medical history are permitted pending further case management.

Citation
[2019] EWHC 2458 (Comm)
Parties
Claimant: ABC; Defendant: SHULMANS LLP
Jurisdiction
England and Wales
Judgment Date
25 September 2019
Procedural Posture
Professional Negligence Claim / Interlocutory Application for Privacy/anonymity Orders
Outcome
Application dismissed, save for limited redactions regarding medical history pending case management.
Legal Topics
Open Justice, Anonymity Orders, Confidentiality, Article 8 ECHR, Legal Professional Privilege
Civil Procedure Professional Negligence Human Rights Open Justice Anonymity Orders Confidentiality Article 8 ECHR Legal Professional Privilege

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Parties

ABC

Claimant

SHULMANS LLP

Defendant

Procedural Posture

Professional Negligence Claim / Interlocutory Application for Privacy/anonymity Orders

Legal Issues

  1. 1 Whether the claimant is entitled to wide-ranging anonymity and privacy orders in professional negligence proceedings against former solicitors
  2. 2 Whether confidentiality provisions in a settlement deed justify derogation from open justice
  3. 3 Whether Article 8 ECHR rights are engaged by medical history, confidentiality, settlement of proceedings, or privileged material

Ratio Decidendi

The existence of confidentiality provisions, medical history, settlement of proceedings, or privileged material does not justify wide-ranging anonymity or privacy orders in professional negligence proceedings; open justice prevails absent compelling countervailing rights, and only limited redactions regarding medical history are permitted pending further case management.

Court Disposition

Application dismissed, save for limited redactions regarding medical history pending case management.

Orders

  • Specific redactions to the statement of case regarding medical history permitted temporarily; all other relief sought is refused.