The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of duty was that he would be detained for longer than he otherwise would have been under section 3 MHA 1983 and that he was unlikely to regain his liberty for many years. His case was that his damages were caused by or directly related to his criminal sentence. The defendant applied for an order striking out the plaintiff’s claim on the ground that the claim was based substantially, if not entirely, upon the plaintiff’s own illegal act.
Held: The strike out was refused. A claimant may make a claim for self inflicted harm if that had been induced by the failure to provide treatment for his mental health.
Citations:
Times 27-Dec-1996
Jurisdiction:
England and Wales
Cited by:
Appeal from – Clunis (By his Next Friend Prince) v Camden and Islington Health Authority CA 5-Dec-1997
The plaintiff had killed someone and, as a result, been convicted of manslaughter and ordered to be detained in a secure hospital when subject to after-care under section 117 of the 1983 Act. He sought damages from the health authority on the basis . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 15 May 2022; Ref: scu.79233