Re Strategic Health Authority

A Primary Care Trust within the SRA's sphere of influence was being investigated for matters relating to Health and Safety at work arising out of two of the most serious outbreaks of Clostridium Difficile ever known in the UK. The SRA had conducted an internal enquiry generating a large number of documents and, in particular, interview transcripts with potential witnesses and defendants. The HSE served a section 20 HSWA 1974 notice on the SRA requiring production of that material. Richard Lissack QC and James Leonard were Instructed to manage the response to that notice. Advice was given taking into account the Data Protection Act, employment law issues, human rights issues relating to the individuals being investigated, privilege, the privilege against self incrimination and apparent offers of confidentiality during the investigation process offered to those taking part.

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