Webley v St George's Hospital NHS Trust & Anor

Webley v St George's Hospital NHS Trust & Anor

The Trust, through its security staff, failed to take reasonable steps to prevent the claimant's escape by not properly guarding both doors of Cubicle 9, despite being aware of the risk. The police discharged their duty by passing relevant information to hospital staff. Judgment for the claimant against the Trust for damages to be assessed; claim against the police dismissed.

Parties
Claimant: Mark Webley; Litigation Friend: Karl Webley; First Defendant: St George’s Hospital NHS Trust; Second Defendant: The Metropolitan Police
Jurisdiction
England and Wales
Judgment Date
14 February 2014
Procedural Posture
Tort Negligence / Trial of Liability Only
Outcome
Judgment for the claimant against the Trust; claim against the police dismissed.
Legal Topics
Duty of Care, Hospital Security, Mental Health Act, Negligence, Liability, Standard of Care
Tort Law Medical Negligence Personal Injury Duty of Care Hospital Security Mental Health Act Negligence Liability +1 more

Case Brief

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Parties

Mark Webley

Claimant

Karl Webley

Litigation Friend

St George’s Hospital NHS Trust

First Defendant

The Metropolitan Police

Second Defendant

Procedural Posture

Tort Negligence / Trial of Liability Only

Legal Issues

  1. 1 Whether the police discharged their duty to provide relevant information to hospital staff about the claimant's risk of absconding
  2. 2 Whether the hospital security staff took reasonable steps to prevent the claimant's escape
  3. 3 Whether the Trust failed in its duty of care by inadequate supervision and briefing of security staff

Ratio Decidendi

The Trust, through its security staff, failed to take reasonable steps to prevent the claimant's escape by not properly guarding both doors of Cubicle 9, despite being aware of the risk. The police discharged their duty by passing relevant information to hospital staff. Judgment for the claimant against the Trust for damages to be assessed; claim against the police dismissed.

Court Disposition

Judgment for the claimant against the Trust; claim against the police dismissed.

Orders

  • Damages to be assessed against St George’s Hospital NHS Trust.
  • Claim against The Metropolitan Police dismissed.