Dorset Healthcare NHS Foundation Trust v MH [2009] UKUT 4 (AAC)
The responsible authority appealed against the Tribunal's interlocutory decision to direct disclosure of medical records, including third-party information, to the patient's solicitor; having agreed it had jurisdiction, the Upper Tribunal made no order on the appeal, as the patient had by that time been placed on a CTO; however, detailed guidance was given as to the proper approach where either the responsible authority resists disclosure of confidential third-party information or the solicitor wishes to disclose such information to his client. Guidance was also given on the status of a decision by a three-judge panel of the Administrative Appeals Chamber.
Notes
This is the first appeal to be concluded under the Tribunals, Courts and Enforcement Act 2007 by a Three-Judge Panel of the Administrative Appeals Chamber of the Upper Tribunal.
Detailed summary to follow.
Relevant Tribunal Rules: Tribunal rule 2, 5, 6, 14, 49; Upper Tribunal rule 14.
Other
8/1/09
Before: Three-Judge Panel of the Administrative Appeals Chamber of the Upper Tribunal (His Honour Judge Gary Hickinbottom CP, His Honour Judge Phillip Sycamore CP and Upper Tribunal Judge Mark Rowland)
For the Appellant: Bridget Dolan of Counsel instructed by Beachcroft LLP
For the Respondent: Paul Bowen of Counsel instructed by Peter Edwards Law