East Renfrewshire Council v William Wright (Court of Session) [2024] CSOH 70 (23 July 2024)

East Renfrewshire Council v William Wright (Court of Session) [2024] CSOH 70 (23 July 2024)

The motion for commission and diligence is refused in hoc statu because D, whose sensitive records are sought, must be given intimation and an opportunity to be heard before any order for recovery is made, in accordance with Article 8 ECHR rights and established legal principles.

Citation
[2024] CSOH 70
Parties
Pursuer: East Renfrewshire Council; Defender: William Wright; Haver: A Black
Jurisdiction
Scotland
Judgment Date
23 July 2024
Procedural Posture
Civil Action for Contribution / Motion for Commission and Diligence
Outcome
motion refused in hoc statu
Legal Topics
Recovery of Documents, Article 8 ECHR Rights, Sensitive Medical Records, Vicarious Liability
Civil Procedure Contribution Privacy Recovery of Documents Article 8 ECHR Rights Sensitive Medical Records Vicarious Liability

Case Brief

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

East Renfrewshire Council

Pursuer

William Wright

Defender

A Black

Haver

Procedural Posture

Civil Action for Contribution / Motion for Commission and Diligence

Legal Issues

  1. 1 Whether commission and diligence should be granted to recover sensitive documents relating to a victim of sexual abuse
  2. 2 Whether Article 8 ECHR rights require intimation to the victim before recovery
  3. 3 Relevancy of documents to quantum of contribution claim

Ratio Decidendi

The motion for commission and diligence is refused in hoc statu because D, whose sensitive records are sought, must be given intimation and an opportunity to be heard before any order for recovery is made, in accordance with Article 8 ECHR rights and established legal principles.

Court Disposition

motion refused in hoc statu

Orders

  • If the defender wishes to re-enrol the motion, intimation must be made to D so she can be heard before any order is made.