K v Central & North West London Mental Health NHS Trust & Anor [2008] EWHC 1217 (QB) (30 May 2008)

K v Central & North West London Mental Health NHS Trust & Anor [2008] EWHC 1217 (QB) (30 May 2008)

The Master was wrong to strike out and dismiss the pleaded claim based on common law negligence by reason of Clunis. The claim is not certain to fail and has some real prospect of success. Article 2 Human Rights Act claim is struck out as doomed to failure, but Article 3 and 8 claims may proceed.

Citation
[2008] EWHC 1217 (QB)
Parties
Claimant: A K; 1st Respondent: Central and North West London Mental Health NHS Trust; 2nd Respondent: The Royal Borough of Kensington & Chelsea
Jurisdiction
England and Wales
Judgment Date
30 May 2008
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out and Summary Judgment
Outcome
Appeal allowed in part
Legal Topics
Negligence, Duty of Care, Statutory Duties, Human Rights Act 1998, Mental Health Act 1983, Strike Out Applications, Summary Judgment
Tort Law Human Rights Law Mental Health Law Negligence Duty of Care Statutory Duties Human Rights Act 1998 Mental Health Act 1983 +2 more

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Parties

A K

Claimant

Central and North West London Mental Health NHS Trust

1st Respondent

The Royal Borough of Kensington & Chelsea

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether a common law duty of care exists in the context of section 117 Mental Health Act 1983 functions
  2. 2 Whether the claim in negligence is bound to fail due to Clunis v. Camden and Islington Area Health Authority
  3. 3 Whether the Human Rights Act claims under Articles 2, 3, and 8 should be struck out

Ratio Decidendi

The Master was wrong to strike out and dismiss the pleaded claim based on common law negligence by reason of Clunis. The claim is not certain to fail and has some real prospect of success. Article 2 Human Rights Act claim is struck out as doomed to failure, but Article 3 and 8 claims may proceed.

Court Disposition

Appeal allowed in part

Orders

  • Strike-out and summary judgment set aside for common law negligence claim; claim to proceed to trial.
  • Article 2 Human Rights Act claim struck out.