ABC v St George’s Healthcare NHS Trust & Ors [2015] EWHC 1394 (QB) [21 May 2015]

In 2007 Claimant’s father F killed Claimant’s mother. In 2009 F confirmed to have Huntingdon’s Disease HD (inherited condition, 50% chance of being passed on). Healthcare professionals sought F’s permission to disclose his diagnosis to daughter, the Claimant. F refused. In April 2010 the Claimant gave birth. In August 2010 she discovered that F had HD. In January 2013 Claimant was diagnosed with HD. Claimant alleges that the failure to to inform her of F’s condition of HD was (1) negligent (2) violated her human rights under article 8. If she had been so informed she would have undergone a test and when shown positive she would have terminated the pregnancy.

Ds applied to strike out the claims: that there was not a duty of care and that there was no arguable human rights claim. The court struck out the claims.