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 at common law for the acts or omissions of prison doctors employed by the NHS, as such a duty is precluded by the Crown Proceedings Act 1947. The Crown cannot be sued under the Human Rights Act 1998 as the embodiment of the State for the acts or omissions of other public authorities or healthcare providers. Only the estate of the deceased, not the claimants in their personal capacities, can be a 'victim' for the purposes of substantive Article 2 claims under the HRA.

Citation
[2010] EWHC 2248 (QB)
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 Before the High Court (queen's Bench Division)
Outcome
All three preliminary issues determined 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, Crown Proceedings Act 1947
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 Before the High Court (queen's Bench Division)

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 not employed by the Crown.
  2. 2 Whether the Crown is a 'public authority' for the purposes of the Human Rights Act 1998 and can be held liable under ss.6-8 for acts/omissions of other public authorities or healthcare providers.
  3. 3 Whether the claimants satisfy the 'victim' test under s.7 HRA to bring claims in their own right or as representatives of the deceased's estate.

Ratio Decidendi

The Ministry of Justice does not owe a direct, non-delegable duty of care at common law for the acts or omissions of prison doctors employed by the NHS, as such a duty is precluded by the Crown Proceedings Act 1947. The Crown cannot be sued under the Human Rights Act 1998 as the embodiment of the State for the acts or omissions of other public authorities or healthcare providers. Only the estate of the deceased, not the claimants in their personal capacities, can be a 'victim' for the purposes of substantive Article 2 claims under the HRA.

Court Disposition

All three preliminary issues determined in favour of the Defendants.

Orders

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