Webley v St George's Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

Webley v St George's Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

The police discharged their duty by passing on the relevant information about the claimant's risk of absconding to hospital staff and security. The hospital, through its security staff, failed to take reasonable steps to prevent the claimant's escape by not ensuring both guards were properly briefed and positioned to cover both exits, resulting in foreseeable injury. Judgment for the claimant against the hospital; claim against the police dismissed.

Citation
[2014] EWHC 299
Parties
Claimant: Mark Webley (by his son and 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
Personal Injury/clinical Negligence / Trial of Liability Only
Outcome
Claim against the police dismissed; judgment for the claimant against the hospital for damages to be assessed.
Legal Topics
Duty of Care, Negligence, Standard of Care, Hospital Liability, Police Liability, Personal Injury, Mental Health Detention
Tort Law Medical Negligence Police Law Duty of Care Negligence Standard of Care Hospital Liability Police Liability +2 more

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Parties

Mark Webley (by his son and litigation friend Karl Webley)

Claimant

St George's Hospital NHS Trust

First Defendant

The Metropolitan Police

Second Defendant

Procedural Posture

Personal Injury/clinical Negligence / Trial of Liability Only

Legal Issues

  1. 1 Whether the police failed to provide adequate information to hospital staff regarding the claimant's risk of absconding
  2. 2 Whether the hospital (through its security staff) failed to take reasonable steps to prevent the claimant's escape and injury

Ratio Decidendi

The police discharged their duty by passing on the relevant information about the claimant's risk of absconding to hospital staff and security. The hospital, through its security staff, failed to take reasonable steps to prevent the claimant's escape by not ensuring both guards were properly briefed and positioned to cover both exits, resulting in foreseeable injury. Judgment for the claimant against the hospital; claim against the police dismissed.

Court Disposition

Claim against the police dismissed; judgment for the claimant against the hospital for damages to be assessed.

Orders

  • Claim against the Second Defendant (Metropolitan Police) dismissed.
  • Judgment for the claimant against the First Defendant (St George's Hospital NHS Trust) for damages to be assessed.