McKimm v South and East Belfast Health and Social Services Trust [2005] NIQB 32 (14 April 2005)

McKimm v South and East Belfast Health and Social Services Trust [2005] NIQB 32 (14 April 2005)

Discovery of selected confidential documents relating to the minor's history is necessary and essential for the fair disposal of the plaintiff's claim, outweighing privacy concerns, provided disclosure is limited to the plaintiff and her advisers for the purposes of the action.

Citation
[2005] NIQB 32
Parties
Plaintiff/appellant: Pauline McKimm; Defendant/respondent: South and East Belfast Health and Social Services Trust
Jurisdiction
Northern Ireland
Judgment Date
14 April 2005
Procedural Posture
Civil / Interlocutory Application for Discovery
Outcome
application for discovery granted in part
Legal Topics
Disclosure of Confidential Documents, Employee Safety, Risk Assessment, Article 8 ECHR, Article 6 ECHR
Civil Procedure Employment Law Privacy Law Disclosure of Confidential Documents Employee Safety Risk Assessment Article 8 ECHR Article 6 ECHR

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Parties

Pauline McKimm

Plaintiff/appellant

South and East Belfast Health and Social Services Trust

Defendant/respondent

Procedural Posture

Civil / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether confidential medical records of a minor in care should be disclosed to an employee alleging assault and breach of duty by the employer
  2. 2 Balancing the right to privacy/confidentiality under Article 8 ECHR and common law with the right to a fair trial under Article 6 ECHR and the necessity for discovery under Order 24 Rule 9

Ratio Decidendi

Discovery of selected confidential documents relating to the minor's history is necessary and essential for the fair disposal of the plaintiff's claim, outweighing privacy concerns, provided disclosure is limited to the plaintiff and her advisers for the purposes of the action.

Court Disposition

application for discovery granted in part

Orders

  • Defendant to disclose to the plaintiff and her advisers the marked and underlined portions of the minor's records as identified by the judge.