Hospital not required to provide broad discovery where vicarious liability claim was inadequately pleaded

The Court of Appeal dismissed an appeal by a mother and son who sought extensive discovery from a private hospital in connection with the alleged wrongful death of a family member under the care of a consultant. The High Court had previously limited discovery to documents concerning the contractual relationship between the hospital and the consultant, refusing broader discovery regarding the hospital’s alleged vicarious liability for clinical staff and consultants. The Court of Appeal upheld the decision, finding that the plaintiffs’ pleadings on vicarious liability were inadequate and that the discovery categories sought were excessively broad, unfocused, and unsupported by specific justification. The court also upheld the award of costs to the hospital, emphasising that discovery must be necessary, properly pleaded, and proportionate. The court was critical of some correspondence exchanged in the case, including unsupported allegations of the hospital creating a "façade" to evade liability.