Relief sought by Child and Family Agency to permit it to disclose a minor’s HIV status to a third party is refused

Breach of patient confidentiality - unprecedented legal issue - whether doctor can disclose HIV status of his patient to a third party (who the doctor believes is having unprotected sex with patient so is at risk of contracting HIV) without the patient's consent - appropriate test to apply - balance of probabilities - whether failure to breach confidentiality creates a significant risk of death or very serious harm - patient denies ever having sex with third party or that they are in a relationship - no risk of contraction and so no basis to breach confidentiality - HIV no longer a terminal condition - potential harm can be significantly reduced through the use of condoms - public interest in doctor/patient confidentiality supersedes right of third party to be warned that if she engages in sexual intercourse she is at risk of contracting HIV - consequences of order - patient and third party currently minors - age not determinative of issue - child and family agency seeking to breach confidentiality, not doctors - declaratory relief sought - sole reason for proceedings is concern for third party's wellbeing - inferential evidence of a supposed sexual relationship between plaintiff and third party - medical evidence on risk of contracting HIV - failure of patient to take antiretroviral drugs - use of condoms - patient fully aware of seriousness of HIV - patient would not deliberately seek to put third party at risk of transmission - caselaw on breach of patient confidentiality - broader public interest in confidence between patients and their doctors - balancing exercise - fact that third party is voluntarily engaging in unprotected sex is a matter to be considered in the balance - involvement of State in matters of personal freedom - paternalism - liberty of individual to conduct his life and relationship how he wishes - adults' responsibility for their own safety - risk of doctors practising defensive medicine - public interest in frank discussions with persons' doctor - patient potentially open to criminal charges were he to knowingly seek to transmit disease - insufficient evidence to establish that sexual relations is taking place - consideration of position if court is wrong on evidence - circumstances of case do not justify breach of confidentiality.