Mensah v Jones

Facts

Mr Mensah was a patient of Dr Jones. On 6 June 2003 an incident occurred at Dr Jones' surgery when Mr Mensah attended to enquire about the results of a recent cholesterol test, in the course of which Dr Jones ordered him out of the surgery. Two consequences followed. On 11 June 2003 Dr Jones requested the Primary Care Trust to remove Mr Mensah from his patient list, and Mr Mensah was transferred to another practice shortly thereafter; Dr Jones sent the paper records and a computer print out to the new practice but retained the computer records at the surgery. Mr Mensah also commenced proceedings in the Bow County Court alleging physical and verbal assault ("the first action"), listed for 6 and 7 September 2004. In that action, where Dr Jones was represented by the Medical Defence Union, both parties were obliged to give disclosure, and on 7 May 2004 Dr Jones printed off Mr Mensah's medical records and sent them to the solicitor conducting the case for advice on whether they ought to be disclosed; the solicitor notified Mr Mensah on 14 May 2004. Mr Mensah then brought a second action complaining of that transmission. Deputy Master Lloyd gave summary judgment for Dr Jones and refused Mr Mensah summary judgment; Lawrence Collins J refused permission to appeal on paper.