Off the Record (New Law Journal)

In his article for New Law Journal, barrister Charles Davey highlights the routine, unnecessary and inappropriate disclosure of personal and intimate medical records in modest personal injury claims (i.e. over 90% of personal injury claims).

The article discusses breaches of the Solicitor's Code of Conduct on confidentiality and Article 8 of the European Convention on Human Rights, as well as the obligation to disclose medical records under the CPR. 

Charles has contacted the Solicitors Regulation Authority, who have agreed to provide further guidance to solicitors on confidentiality. He has also drawn this problem to the attention of the Civil Procedure Rules Committee, who have declined his request to impose some default provisions, to prevent the continued and unnecessary disclosure by solicitors of personal and often intimate records.

Read the full article here.