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Original Article

Psychiatrists and Their Patients - Confidential Information in the Wake of Spycatcher

Pages 618-623 | Published online: 08 Jun 2010

References

  • , I refer to W v Edgell and others [1990] 1 All E R 835.
  • Attorney-General v Guardian Newspaper Ltd, [1988] 3 All E R 545
  • 1983, The order was made under s.37 of the English Mental Health Act
  • Mental Health Act. 1983, s.41(c)(3)(ii).
  • , See the trial judge's statement of the facts at [1989] 1 All E R 1089 at 1096.
  • , Quoted by Brown, P at [1990] 1 All E R 835 at 838.
  • 1983, Section 71(2) Mental Health Act
  • Professor Morison of the University of Sydney, Law School delivered an official report in 1973 recommending to the New South Wales Government against the creation of a separate enforceable right of privacy.
  • John, Sir, May also sat on the Court of Appeal and agreed with both Brown, P and Bingham, LJ.
  • , Scott Per, Jat [1989] 1 All E R 1089 at 1107, quoting Lord Denning, MR in Harmoney Shipping v Davis [1979) 3 All E R 177 at 180–81.
  • , So much was said by Scott, J at the trial and quoted with approval by Brown, P in the Court of Appeal at 1101–1102.
  • Per Bingham L J, at 848. It should be noted that the “Spycatcher” litigation in England focused different issues from its rerun in Australia.
  • More Thomas LC, The most notable Equity lawyer, Sir is alleged to have stated “Three things are to be helped in (the court of) Conscience - Fraud, Accident and things of Confidence”. See 1 Rolle's Abridgment 374.
  • Meagher R., Gummow W, Lehane R. Equity -doctrines and remedies., 2nd ed. Butterworths, Sydney, 718, That damages were available was assumed by Scott, L at 1109. Contra see
  • , A contract existed because W (through legal aid) paid Edgell. It would not be present if Dr Edgell had not been paid privately by W.
  • , Op.cit. at 1105.
  • , See Initial Services v Putterill [1967] 3 All ER 145.
  • , Ibid, at 1102.
  • , Ibid, at 850.
  • , Ibid, at 851.
  • 1989, See “Code of Ethics”, AMA, My thanks to Mr Pincott of the AMA's NSW Branch for supplying a copy.
  • Bartholomew A A. Confidentiality and the forensic psychiatrist in the correctional setting. Australian and New Zealand Journal of Psychiatry 1970; 4: 183
  • , Ibid, at 846 and 853.
  • Bartholomew A A. Some problems of post-conviction presentence reports with particular reference to subsequent psychiatric treatment and rehabilitation. Medical Journal of Australia 1966; 2: 451–455
  • Bartholomew, Keve P W. The probation officer investigates. University of Minnesota Press, Minneapolis 1966, 1960, Kirkpatrick A M Confidentiality in the correctional services. Canadian Journal of Corrections 1963; 5:114 and Tappan P W Crime, justice and correction. New York: McGraw-Hill, 1960:557.
  • Curran D. Forensic psychiatry and psychiatric evidence in court. Medicine Science and the Law 1961; 1: 292–297

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