Practice and Procedure

R (on the application of TB) (Claimant) v STAFFORD COMBINED COURT (Defendant) & (1) CROWN PROSECUTION SERVICE (2) SOUTH STAFFORDSHIRE HEALTHCARE NHS TRUST (Interested Parties) (2006)

PUBLISHED July 4, 2006

[2006] EWHC 1645 (Admin)

Where a Crown Court judge had ordered disclosure of the psychiatric records of a minor who was a witness in a trial relating to sexual offences against her, the failure to serve her with notice of the witness summons directed to her NHS trust requiring the records, and her consequent lack of representation, constituted infringements of her rights under the European Convention on Human Rights 1950 Art.8 . Although existing legislation and rules did not expressly oblige the court to give notice of an application in such a case, the overriding objective of CPR r.1.1 required it.

DC (May LJ, Forbes J)