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Off the record

14 February 2025 / Charles Davey
Issue: 8104 / Categories: Features , Personal injury , Privacy , Disclosure , Health
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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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Charles Russell Speechlys—Matthew Griffin

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NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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