Jonathan Crystal of Argent Chambers represented Tameside Hospital NHS Foundation Trust and Dr Lenzi Hanna a consultant in obstetrics and gynaecology in defending the libel claim brought by Mr Milton Pena, a consultant orthopaedic surgeon employed by the Trust and Chairman of the Senior Medical Staff Committee.

 

The claim was based on internal emails circulated by Dr Hanna in response to emails circulated by Mr Pena and in his judgment handed down on 18 November 2011 Eady J held;

 

(i) the Trust was not vicariously liable for Dr Hanna's emails;

 

(ii) the Trust and Dr Hanna had sound pleas of qualified privilege and fair (or honest) comment and

 

(iii) Mr Pena's malice plea had no substance.

 

The Judge gave summary judgment for the Trust and Dr Hanna on Mr Pena's claim and ordered Mr Pena to pay the costs of the claim (2011 EWHC 3027 (QB).