Mrs Cornelius fell into difficulties at her employment, and in the course of claiming damages, obtained a report from the appellant psychiatrist. There was a dispute, but the claimant said she had refused consent to her being referred again to another consultant. She said she had wanted a report for the purposes of the proceedings only. When the report was copied to other professionals, including her doctor, she claimed damages for defamation and breach of confidence by the Doctor. The issue resolved itself to the question of whether she had been referred for treatment or for a report.
Held: Although the judge’s findings as to the credibility of the two protagonists was difficult to reconcile with his findings, that aspect did not undermine the second finding that the report was to be prepared for one purpose, and was not should not have been or used for other purposes disclosed without the complainant’s consent.
Judges:
Lord Justice Simon Brown Lord Justice Mantel, And Citations: [2001] EWCA Civ 1511, [2002] EMLR 6, (2002) 68 BMLR 62
Links:
Jurisdiction:
England and Wales
Intellectual Property, Health Professions
Updated: 29 June 2022; Ref: scu.166644