15/10/2025
For members of the Trust and the public who have enquired concerning the Nurses Changing Facilities Tribunal litigation, this post sets out County Durham and Darlington NHS Foundation Trust's response to the Freedom of Information Act 2000 request you sought :
As minuted at the joint TB & Audit Committee meeting on 08/09/2025, I seek the following information.
Questions:
1. What is the litigation cost/liability to the Trust in relation to the tribunal litigation to 9 September 2025, to include legal fees, counsel's fees, charges by experts and advisors, NHS England Legal Office liability, and internal staff charges incurred in relation to preparation and management of the tribunal litigation?
The current cost for litigation to the date based on the legal fee invoices is £275, 850
2. What is the Trust's estimate of ongoing costs up to and including the final hearing?
3. What contingency has been estimated/ identified by the Executive should the tribunal find against CDDFT?
Projected costs often change during the course of a case, or a claim and discussion of likely costs are conducted with the Trust's solicitor under legal privilege during the course of legal proceedings. The estimate of a cost or a contingency for an outcome, could give an insight into potential settlement, where applicable, and as such negatively affect the fairness in legal proceedings.
Section 42(1) of the Act provides that information is exempt information if a claim for Legal Professional Privilege could be made in respect of it. Section 42 is subject to a balance of public interest test.
Section 42 states that:
(1) Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.
(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) in respect of which such a claim could be maintained in legal proceedings.
The Trust has considered the need to promote openness and transparency against the concept of Legal Professional Privilege reflecting the strong public interest in protecting the confidentiality of communications between lawyers and their clients. Such confidentiality promotes fairness in legal proceedings through respect for the rule of law by encouraging clients to seek legal advice and allowing for full and frank exchanges between clients and their lawyers.
Noting the case from Scottish Information Commissioner you have provided, this case related to past costs, following an action and not anticipate or upcoming costs. As such the Trust has provided costs to date under questions one, but in respect of question 2 and 3, the Trust has determined that the balance of public interest lies in favour of exempting this information.
In line with the Information Commissioner’s directive on the disclosure of information under the Freedom of Information Act 2000 your request will form part of our disclosure log on the Trust’s website.
