LAM v A Scottish Local Authority [2011] ScotCS CSOH_113 (30 June 2011)

LAM v A Scottish Local Authority [2011] ScotCS CSOH_113 (30 June 2011)

The court held that the Findings in Fact volumes are relevant and necessary for the fair determination of the pursuer's claim, and that disclosure to the pursuer (with appropriate anonymisation of non-family alleged perpetrators, siblings, mother, step-father, and other third parties) is proportionate and justified. Pre-notification to third parties is not required at this stage because the pursuer already knows the outlines and identities involved, and nothing third parties could say would rationally influence the decision to disclose. Disclosure is to be strictly for the purposes of the action, with further debate reserved on reporting restrictions and wider publication.

Citation
[2011] ScotCS CSOH_113
Parties
Pursuer: L. A. M.; Defender: A Scottish Local Authority; Haver: Scottish Ministers (as havers)
Jurisdiction
Scotland
Judgment Date
30 June 2011
Procedural Posture
Civil Action for Damages / Interlocutory Application for Recovery and Disclosure of Documents Prior to Proof
Outcome
Interlocutor corrected to remove requirement for intimation to third parties; redacted Findings in Fact volumes to be disclosed to the pursuer for purposes of the action; further hearing to be fixed to discuss reporting restrictions and possible further redactions.
Legal Topics
Disclosure of Documents, Article 8 ECHR (right to Privacy), Article 6 ECHR (right to Fair Trial), Reporting Restrictions, Anonymisation, Child Protection, Damages for Failure to Protect From Abuse
Civil Procedure Human Rights Law Tort Law Disclosure of Documents Article 8 ECHR (right to Privacy) Article 6 ECHR (right to Fair Trial) Reporting Restrictions Anonymisation +2 more

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Parties

L. A. M.

Pursuer

A Scottish Local Authority

Defender

Scottish Ministers (as havers)

Haver

Procedural Posture

Civil Action for Damages / Interlocutory Application for Recovery and Disclosure of Documents Prior to Proof

Legal Issues

  1. 1 Whether and how sensitive Findings in Fact volumes relating to alleged child abuse should be disclosed to the pursuer in a civil damages action, balancing the pursuer's right to a fair trial with the Article 8 ECHR privacy rights of third parties.

Ratio Decidendi

The court held that the Findings in Fact volumes are relevant and necessary for the fair determination of the pursuer's claim, and that disclosure to the pursuer (with appropriate anonymisation of non-family alleged perpetrators, siblings, mother, step-father, and other third parties) is proportionate and justified. Pre-notification to third parties is not required at this stage because the pursuer already knows the outlines and identities involved, and nothing third parties could say would rationally influence the decision to disclose. Disclosure is to be strictly for the purposes of the action, with further debate reserved on reporting restrictions and wider publication.

Court Disposition

Interlocutor corrected to remove requirement for intimation to third parties; redacted Findings in Fact volumes to be disclosed to the pursuer for purposes of the action; further hearing to be fixed to discuss reporting restrictions and possible further redactions.

Orders

  • Interlocutor of 15 April 2011 corrected by deleting reference to intimation.
  • Havers appointed to redact Findings in Fact volumes as directed (anonymising non-family alleged perpetrators, siblings, mother, step-father, and other third parties).