Morgan & Anor v Ministry of Justice & Anor

Morgan & Anor v Ministry of Justice & Anor

The Ministry of Justice and/or the Governor did not owe a direct, non-delegable duty of care to the deceased for acts or omissions of independent doctors. The Crown is a public authority under the HRA but cannot be held liable for acts or omissions of other public authorities or independent agents. The 'victim' test under HRA s.7 is broad; a fiancée or partner and a biological child may qualify, but this depends on the facts of each case.

Parties
First Claimant / Administratrix of the Estate of Karl Lewis: Christina Morgan; Second Claimant (by Her Mother and Litigation Friend Christina Morgan): Courtney 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) / Ruling on Preliminary Issues
Outcome
Preliminary issues determined against the claimants on non-delegable duty and Crown liability; partial success for claimants on victim status issue, subject to factual findings.
Legal Topics
Non Delegable Duty of Care, Vicarious Liability, State Liability Under Human Rights Act, Victim Status Under ECHR Article 2
Tort Law Human Rights Law Public Law Non Delegable Duty of Care Vicarious Liability State Liability Under Human Rights Act Victim Status Under ECHR Article 2

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Parties

Christina Morgan

First Claimant / Administratrix of the Estate of Karl Lewis

Courtney Morgan

Second Claimant (by Her Mother and Litigation Friend Christina Morgan)

Ministry of Justice

First Defendant

The Crown

Second Defendant

Procedural Posture

Civil (tort and Human Rights) / Ruling on Preliminary Issues

Legal Issues

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

Ratio Decidendi

The Ministry of Justice and/or the Governor did not owe a direct, non-delegable duty of care to the deceased for acts or omissions of independent doctors. The Crown is a public authority under the HRA but cannot be held liable for acts or omissions of other public authorities or independent agents. The 'victim' test under HRA s.7 is broad; a fiancée or partner and a biological child may qualify, but this depends on the facts of each case.

Court Disposition

Preliminary issues determined against the claimants on non-delegable duty and Crown liability; partial success for claimants on victim status issue, subject to factual findings.

Orders

  • Declaration that the Ministry of Justice and/or the Governor did not owe a direct, non-delegable duty of care to the deceased for acts or omissions of independent doctors.
  • Declaration that the Crown cannot be held liable under the Human Rights Act for acts or omissions of doctors or other public authorities not its servants or agents.