Source: All England Reporter
Publisher Citation: [2007] All ER (D) 30 (Jun)
Court: Queen's Bench Division

Keith J

Representation Ten claimants appeared by their litigation friend.
  Charles Flint QC (instructed by Nabarro) for the Secretary of the Department of Health and Human Services for the United States of America.
  Prashant Popat (instructed by Davies Arnold Cooper) for SmithKline Beecham.
  Andrew Prynne QC and Toby Riley-Smith (instructed by Lovells) for Merk.
  George Leggat QC and Harry Matovu (instructed by Arnold & Porter (UK) LLP) for Sanofi Pasteur.
Judgment Dates: 6 June 2007


Document - Court document - Permission to obtain copy - Respondent seeking to obtain copy of court document - Whether production of document in interests of justice - Whether production leading to breach of data protection legislation - Whether production leading to breach of human rights - , Sch 1, Pt 1, art 6, 8 - .

The Case

Document Court document. Where United States Department of Health and Human Services were contesting omnibus proceedings which alleged that the MMR and MR vaccination had a causative link to autism, and ought permission from the English courts to obtain reports filed with the English court, it would be a strong reason in the interest of justice to allow them to obtain copies. The proposed undertaking to anonymise the reports would ensure that no confidential information was released and that there was no violation of the . Further, any infringement of the claimants' right under article 8 of the European Convention on Human Rights was justified to protect the right of the DHHS to a fair trial under art6 of the Convention which would be compromised if it was unable to show that the methodology behind the petitioner's evidence was flawed, and justified for the protection of health.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.