The plaintiff, who had been in the care of the respondent authority as a child, brought proceedings against the local authority for negligence in their care of him. His application for disclosure of the case notes and records of his period in care had been refused by Boreham J.
Held: His appeal failed. The material was privileged. Lord Denning MR said that In re D ‘should now be regarded as of general application: not only in wardship or custody proceedings: but also in actions such as the present – for personal injury.’
Judges:
Lord Denning MR, Megaw and Dunn LJJ
Citations:
[1980] 1 WLR 1549
Jurisdiction:
England and Wales
Cited by:
At Court of Appeal – Gaskin v The United Kingdom ECHR 7-Jul-1989
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied.
Held: The refusal to allow him . .
Cited – Durham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 08 May 2022; Ref: scu.467127