Source: All England Reporter
Publisher Citation: [2006] All ER (D) 257 (Apr)
Court: Queen's Bench Division

Cox J

Representation The claimant appeared in person.
  John Normans (instructed by Barlow Lyde Gilbert) for the defendants.
Judgment Dates: 27 April 2006


Libel and slander - Qualified privilege - Duty and interest - Mental health records - Claimant alleging defamation in respect of contents of medical notes - Whether proceedings to be struck out as a nullity - , s 139.

The Case

Where the claimant had issued a number of claims of defamation against various defendants, in respect of medical records made by them in their professional capacity in managing the claimant's earlier serious mental illness, s139 of the was engaged, and that as the claimant had not obtained the leave of the High Court before starting proceedings against them, such proceedings were a nullity and would be struck out on that basis.

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