Cases

Johnson v Home Office

Held

Dismissing the claim (i) that C had no right of confidence. The information in issue had been imparted to C by W's parents who did not want W to know what had been said. The right of confidence was that of W's parents. C had a duty to the MHRT to prepare a report. (ii) The third element of the Coco v Clark test (that the unauthorised use must be to the detriment of the party communicating it) was not met. (iii) there was proximity between the parties such as to establish a duty of care and it was fair and reasonable to impose a duty of care on D (iv) the claim that C suffered damage by merely learning that confidential information had been disclosed to W was too remote and there had been no physical threat to her. (v) the claim for loss of standing in the Afro-Caribbean community was not made out on the evidence and in any event was too remote.

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