A mum must pay her midwife who she took to court after the latter admitted sleeping with her partner in Benidorm.
Michelle Pryor has lost her legal case against a midwife and Liverpool Women's Hospital because a judge ruled she "did not have a legal case".
Ms Pryor had given birth to her fourth child, Skylar, by C-section when experienced midwife Joanne Lumsden said she had met her partner Gary Hayden on holiday and "rubbed sun cream into his back"
The mum, who is now 41, raised her concerns with a community midwife after leaving hospital about Ms Lumsden, who had featured in Channel 4 documentary One Born Every Minute.
Ms Lumsden then called Ms Pryor at home, confirming that she had sex with Merseyside Police's Sgt Gary Hayden in Spain and for a short time after in UK as the cop had claimed he was single.
Ms Pryor said her relationship with Sgt Hayden ended soon after the affair came to light, the ECHO reports.
Ms Lumsden was eventually sacked by Liverpool Women's Hospital for failing to declare a conflict of interest when she realised Ms Pryor was Sgt Hayden's partner, and for contacting her about the affair.
Ms Pryor launched legal action against both Ms Lumsden and the hospital at the High Court for "breach of privacy rights" and "breach of the duty not to act in conflict of duty".
However High Court judge Senior Master Barbara Fontaine ruled her legal team, Bond Turner, had failed to argue a "legally coherent cause of action".
Ms Pryor told the ECHO: "I am shocked and saddened by the outcome of my legal claim against Joanne Lumsden and Liverpool Women’s Hospital.
"The news is still raw and I have not yet had an opportunity to fully come to terms with the unexpected outcome.
"I have spent the last four years fighting for justice through the English legal system to hold Joanne Lumsden and Liverpool Women’s Hospital accountable for Ms Lumsden’s breaches as a Midwife…
"Although the decision is disappointing for my family and I, one of the motivating factors in fighting for justice and bringing Ms Lumsden’s conduct to the public domain, is through my belief that Ms Lumsden’s conduct should be open to public scrutiny.
"No woman should be faced with this diabolical ‘treatment’ at childbirth, at one of the most vulnerable times of a woman’s life."
Louis Browne, QC, representing Ms Lumsden, had argued neither breach was "recognised as a tort in English law", which Master Fontaine agreed with.
Master Fontaine stated in her judgment: "The most that could be said about the pleaded conduct, in my view, is that it was conduct calculated to embarrass, humiliate and cause distress to the Claimant. There is no tort to remedy this."
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She must now pay the legal fees of both Ms Lumsden and Liverpool Women's Hospital.
According to the court judgment, Ms Lumsden claimed she met Sgt Hayden on a friendly basis after their return from holiday in September 2016, at his request, going for coffee and to the cinema.
This developed into a brief sexual relationship in November 2016, which ended when he told her he was planning to reattempt a relationship with a woman he had got pregnant on a "one-night stand".
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