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 relevant information about the claimant's risk of absconding and prior escape attempt. The Trust, 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 guard both exits, resulting in foreseeable harm. The Trust is liable; the police are not.

Citation
[2014] EWHC 299 (QB)
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 Trust for damages to be assessed.
Legal Topics
Negligence, Duty of Care, Hospital Liability, Police Liability, Mental Health Act, Personal Injury
Tort Law Medical Negligence Police Law Negligence Duty of Care Hospital Liability Police Liability Mental Health Act +1 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 in their duty to pass on relevant risk information to hospital staff
  2. 2 Whether the hospital (Trust) failed to take reasonable steps to prevent the claimant's escape and injury
  3. 3 Whether the actions of security staff met the required standard of care

Ratio Decidendi

The police discharged their duty by passing on relevant information about the claimant's risk of absconding and prior escape attempt. The Trust, 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 guard both exits, resulting in foreseeable harm. The Trust is liable; the police are not.

Court Disposition

Claim against the police dismissed; judgment for the claimant against the Trust 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.