Morgan & Anor v Ministry of Justice & Anor [2010] EWHC 2248 (QB) (03 September 2010)

Morgan & Anor v Ministry of Justice & Anor [2010] EWHC 2248 (QB) (03 September 2010)

The Ministry of Justice does not owe a direct, non-delegable duty of care in tort for the acts or omissions of prison doctors not employed by it; its liability is limited to vicarious liability for its own servants or agents under the Crown Proceedings Act 1947. The Crown cannot be sued as the 'State' under the Human Rights Act 1998 for acts or omissions of other public authorities or agents. Only the estate of the deceased, not the claimants in their personal capacities, can satisfy the 'victim' test for substantive Article 2 claims under the HRA.

Citation
[2010] EWHC 2248
Parties
First Claimant (on Her Own Behalf and as Administratrix of the Estate of Karl Lewis): Christina Morgan; Second Claimant: Courtney Morgan (by her mother and litigation friend Christina Morgan); First Defendant: Ministry of Justice; Second Defendant: The Crown
Jurisdiction
England and Wales
Judgment Date
03 September 2010
Procedural Posture
Civil (tort and Human Rights) / Preliminary Issues Trial (liability and Capacity to Sue)
Outcome
Claims on all three preliminary issues dismissed in favour of the defendants.
Legal Topics
Negligence, Non Delegable Duty of Care, Vicarious Liability, State Liability, Article 2 ECHR (right to Life), Human Rights Act 1998, Victim Status Under HRA, Liability of Public Authorities
Tort Law Human Rights Law Public Law Negligence Non Delegable Duty of Care Vicarious Liability State Liability Article 2 ECHR (right to Life) +3 more

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Parties

Christina Morgan

First Claimant (on Her Own Behalf and as Administratrix of the Estate of Karl Lewis)

Courtney Morgan (by her mother and litigation friend Christina Morgan)

Second Claimant

Ministry of Justice

First Defendant

The Crown

Second Defendant

Procedural Posture

Civil (tort and Human Rights) / Preliminary Issues Trial (liability and Capacity to Sue)

Legal Issues

  1. 1 Whether the Ministry of Justice owed a direct, non-delegable duty of care to the deceased in respect of acts/omissions of prison doctors
  2. 2 Whether the Crown is a 'public authority' under the Human Rights Act 1998 and can be held liable for acts/omissions of other public authorities or agents
  3. 3 Whether the claimants have capacity to bring claims under the Human Rights Act 1998, specifically satisfying the 'victim' test

Ratio Decidendi

The Ministry of Justice does not owe a direct, non-delegable duty of care in tort for the acts or omissions of prison doctors not employed by it; its liability is limited to vicarious liability for its own servants or agents under the Crown Proceedings Act 1947. The Crown cannot be sued as the 'State' under the Human Rights Act 1998 for acts or omissions of other public authorities or agents. Only the estate of the deceased, not the claimants in their personal capacities, can satisfy the 'victim' test for substantive Article 2 claims under the HRA.

Court Disposition

Claims on all three preliminary issues dismissed in favour of the defendants.

Orders

  • Declaration that the Ministry of Justice does not owe a direct, non-delegable duty of care in tort for acts/omissions of prison doctors not employed by it.
  • Declaration that the Crown cannot be sued as the 'State' under the Human Rights Act 1998 for acts/omissions of other public authorities or agents.