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14 February 2025 / Charles Davey
Issue: 8104 / Categories: Features , Personal injury , Privacy , Disclosure , Health
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Off the record

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Solicitors & courts are often indifferent to claimants’ rights to confidentiality, writes Charles Davey, setting out a blueprint for change to the disclosure rules
  • Trial bundles often include disclosure of the entirety of personal injury claimants’ medical records. In modest claims, this is unnecessary and inappropriate.
  • These records often relate to personal, sensitive and irrelevant details, and disclosure could be in breach of claimants’ right to privacy.
  • This article proposes that the Civil Procedure Rule Committee should provide a structure for disclosure in these claims.

In modest personal injury claims, routine, unnecessary and inappropriate disclosure of the entirety of claimants’ medical records is not acceptable. This is in clear violation of a solicitor’s duty of confidentiality and a potential breach of claimants’ rights under Art 8 of the European Convention on Human Rights, not to mention possible breaches of data protection legislation. To make matters worse, these records are frequently included in trial bundles.

In a claim for damages for life-changing injuries, with a substantial claim for

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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
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