Home Office v Butchart

Home Office v Butchart

The pleaded facts, if proved, were sufficient to establish that the Home Office owed a duty of care to the respondent to take reasonable steps to minimise the risk of psychiatric harm, given his known vulnerability. The claim was not a 'nervous shock' case requiring the Frost control mechanisms. The judge was...

Source-derived case information.

Parties
Appellant: THE HOME OFFICE; Respondent: BUTCHART
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Civil Appeal / Appeal From Dismissal of Strike Out and Summary Judgment Applications
Outcome
appeal dismissed
Legal Topics
Duty of Care, Psychiatric Injury, Prisoner Rights, Strike Out Applications, Summary Judgment
Tort Law Prison Law Duty of Care Psychiatric Injury Prisoner Rights Strike Out Applications Summary Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

THE HOME OFFICE

Appellant

BUTCHART

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the Home Office owed a duty of care to protect the respondent from psychiatric harm resulting from the suicide of a cellmate and subsequent events
  2. 2 Whether the claim should be struck out or summary judgment entered for the appellant on the basis that no duty existed or harm was not foreseeable

Ratio Decidendi

The pleaded facts, if proved, were sufficient to establish that the Home Office owed a duty of care to the respondent to take reasonable steps to minimise the risk of psychiatric harm, given his known vulnerability. The claim was not a 'nervous shock' case requiring the Frost control mechanisms. The judge was correct not to strike out the claim or grant summary judgment, as the issues of breach and foreseeability were matters for trial.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The claim is not struck out and may proceed to trial.