O'Hara (John Ailbe) and the Belfast Health and Social Care Trust
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 12 October 2012 |
| Neutral Citation | [2012] NIQB 75 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 12 October 2012 |
| Year | 2012 |
1
Neutral Citation No: [2012] NIQB 75
Ref:
GIL8607
Judgment: approved by the Court for handing down Delivered:
12/10/12
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
_______
BETWEEN:
JOHN AILBE O’HARA
Plaintiff;
-And-
THE BELFAST HEALTH AND SOCIAL CARE TRUST
Defendant.
________
GILLEN J
Application
[1] The plaintiff in this matter is the Chairman of the public Inquiry (“the
Inquiry“) into hyponatraemia-related deaths which was established on 1 November
2004 by the Minister of Health and Social Services and Public Safety.
[2] The defendant is the Belfast Health and Social Care Trust. It is the successor
Trust to the Royal Group of Hospitals Health and Social Services Trust. The
defendant includes the Royal Belfast Hospital for Sick Children which is the hospital
in which a young girl, who for the purposes of this application and to maintain the
privacy of the family I shall describe as X, died on 23 October 1996. The defendant is
the Trust responsible for the medical notes and records relating to X’s admission to
the Children’s Hospital on 21 October to 23 October 1996 as well as those of other
children that were being treated on the wards specified in the application during
that period (“the specified wards”).
[3] The plaintiff seeks
• a declaration that disclosure by the defendant of documents and records,
including medical notes and records, identified in the plaintiff’s Notice to
Produce documents dated 25 September 2012 and of the information
contained therein, subject to the conditions set out in a schedule attached to
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JR276's (A Patient) Application and In the matter of decisions of Muckamore Abbey Hospital Enquiry and the Belfast Health and Social Care Trust
...is a more closely analogous situation, which arose in this jurisdiction in the case of O’Hara v Belfast Health and Social Care Trust [2012] NIQB 75. The Inquiry argues that both of these situations are clearly distinguishable from the context of the present case. [58] As to the criminal cas......