header-logo header-logo

14 February 2025
Issue: 8104 / Categories: Legal News , Personal injury , Disclosure , Health , Privacy
printer mail-detail

NLJ this week: Time to stop ‘routine’ disclosure of irrelevant, personal claimant details

208117
In a small road accident claim, do we really need to know the full details of the claimant’s childhood medical history? ‘In modest personal injury claims, routine, unnecessary and inappropriate disclosure of the entirety of claimants’ medical records is not acceptable,’ Charles Davey, a barrister with The Barrister Group, writes in this week’s NLJ.

‘This is in clear violation of a solicitor’s duty of confidentiality and a potential breach of claimants’ rights… not to mention possible breaches of data protection legislation. To make matters worse, these records are frequently included in trial bundles.’

Davey, who has raised the issue with the Civil Procedure Rule Committee and the Solicitors Regulation Authority, wonders what purpose it serves and where this information ends up? More pertinently, has the claimant given informed consent to the disclosure of irrelevant, personal details? 
Issue: 8104 / Categories: Legal News , Personal injury , Disclosure , Health , Privacy
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll