Brown v Sterne & Ors [2025] NIMaster 15 (02 October 2025)

Brown v Sterne & Ors [2025] NIMaster 15 (02 October 2025)

Privilege in the statement of Dr Sterne was waived by its deployment to the expert, who reviewed, referred to, and relied upon it; disclosure is necessary for fair disposal and to maintain equality between parties.

Source-derived case information.

Citation
[2025] NIMaster 15
Parties
Plaintiff: Deborah Brown; First Defendant: Dr Sterne; Second Defendant: Dr I Hadden; Third Defendant: Dr B Lynch; Fourth Defendant: Northern Health and Social Care Trust
Jurisdiction
Northern Ireland
Judgment Date
02 October 2025
Procedural Posture
Clinical Negligence / Interlocutory Application for Disclosure
Outcome
Plaintiff's application granted
Legal Topics
Legal Professional Privilege, Disclosure of Documents, Waiver of Privilege, Clinical Negligence Protocol
Civil Procedure Medical Law Legal Professional Privilege Disclosure of Documents Waiver of Privilege Clinical Negligence Protocol

Source-derived case record

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Deborah Brown

Plaintiff

Dr Sterne

First Defendant

Dr I Hadden

Second Defendant

Dr B Lynch

Third Defendant

Northern Health and Social Care Trust

Fourth Defendant

Procedural Posture

Clinical Negligence / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether privilege in the statement of Dr Sterne has been waived
  2. 2 Whether disclosure of the statement is necessary for fair disposal of the matter

Ratio Decidendi

Privilege in the statement of Dr Sterne was waived by its deployment to the expert, who reviewed, referred to, and relied upon it; disclosure is necessary for fair disposal and to maintain equality between parties.

Court Disposition

Plaintiff's application granted

Orders

  • First defendant to disclose the statement of Dr Sterne dated 13 September 2021 to the plaintiff within seven days
  • Costs awarded to the plaintiff, including counsel, to be taxed in default of agreement