G4S Care and Justice Services Ltd v Luke

G4S Care and Justice Services Ltd v Luke

The facts pleaded and evidence did not establish a realistic prospect of showing that G4S knew or ought to have known of a real and immediate risk to Mr Boland's life from voluntary ingestion of illicit drugs; the stringent Osman test was not satisfied; summary judgment for the defendant was appropriate.

Parties
Appellant/defendant: G4S Care and Justice Services Limited; Respondent/claimant: Dawn Luke (Administrator of the Estate of Dean Boland)
Jurisdiction
England and Wales
Judgment Date
26 June 2019
Procedural Posture
Civil Appeal / Appeal From Summary Judgment/strike Out Application
Outcome
appeal allowed; summary judgment for defendant
Legal Topics
Article 2 ECHR Operational Duty, Summary Judgment, Strike Out, Prisoner Vulnerability, Real and Immediate Risk, Duty to Protect Life
Human Rights Prison Law Civil Procedure Article 2 ECHR Operational Duty Summary Judgment Strike Out Prisoner Vulnerability Real and Immediate Risk +1 more

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Parties

G4S Care and Justice Services Limited

Appellant/defendant

Dawn Luke (Administrator of the Estate of Dean Boland)

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether Article 2 ECHR operational duty applies to prisoners voluntarily ingesting illicit drugs
  2. 2 Whether facts pleaded establish a real and immediate risk to life triggering Article 2 duty
  3. 3 Whether summary judgment/strike out is appropriate given the evidence

Ratio Decidendi

The facts pleaded and evidence did not establish a realistic prospect of showing that G4S knew or ought to have known of a real and immediate risk to Mr Boland's life from voluntary ingestion of illicit drugs; the stringent Osman test was not satisfied; summary judgment for the defendant was appropriate.

Court Disposition

appeal allowed; summary judgment for defendant

Orders

  • Claim dismissed against G4S Care and Justice Services Limited
  • Summary judgment entered for defendant