The Claimant’s father killed the Claimant’s mother in 2007 and was detained at a hospital run by the Second Defendant. In 2009 he was diagnosed with Huntington’s Disease, meaning that the Claimant also had a 50% chance of having the condition. The Claimant was pregnant at the time. Notwithstanding this, the father refused to consent to her being told about his diagnosis. After giving birth, the Claimant found out about the diagnosis and tested positive for Huntington’s Disease. She brought proceedings against those responsible for her father’s care, alleging that they owed her a duty to override his right to confidentiality and to disclose the information against his wishes.
The Court, recognising that this was a novel situation in which no duty had previously been recognised, applied the test in Caparo v Dickman  2 AC 605 and found that it would not be fair, just and reasonable to impose a duty of care in those circumstances. Nor did the Claimant’s rights under Article 8 ECHR require that the information be disclosed to her. The Court therefore held that the claim was bound to fail and should be struck out.
Elizabeth-Anne Gumbel QC and Henry Witcomb were for the Claimant, Philip Havers QC and Hannah Noyce were for the Defendants.