Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018

Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality.
Held: All the heads of claim were barred under public policy.
References: [2018] EWCA Civ 1841, [2018] WLR(D) 521
Links: Bailii, WLRD
Judges: Sir Terence Etherton MR, Sir Ernest Ryder SPT and Lady Justice Macur
Statutes: Forfeiture Act 1982, Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 1, Homicide Act 1957 2, Mental Health Act 1983 3
Jurisdiction: England and Wales
This case cites:

  • Cited – Regina v Birch CACD 1989
    Even where there is culpability, a hospital order with a restriction order may well be the appropriate way to deal with a dangerous and disordered person.
    Mustill LJ discussed the effect of a restriction order: ‘In marked contrast with the . .
    ((1989) 11 Cr App R (S) 202)
  • Cited – Vowles and Others, Regina v CACD 5-Feb-2015
    The court considered appeals by prisoners subject to indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) passed between 1997 and 2008, where there had been medical evidence before the court suggesting the . .
    (, [2015] EWCA Crim 45)
  • Cited – Patel v Mirza SC 20-Jul-2016
    The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums . .
    (, [2016] UKSC 42, , [2016] 3 WLR 399, [2016] 2 Lloyd’s Rep 300, [2016] WLR(D) 417, , [2016] Lloyd’s Rep FC 435, UKSC 2014/0218, , , )
  • Cited – Daniel M’Naghten’s Case HL 1843
    Daniel M’Naghten suffered from a mental disorder under which he believed that he was being persecuted by various bodies in authority, including the Tory Party. He sought to kill the Tory Prime Minister Sir Robert Peel, but shot and killed instead . .
    ((1843) 10 Cl and Fin 200, [1843] 8 ER 718, , [1843] UKHL J16, [1843] EngR 875, )
  • Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
    Court of Appeal must follow Own Decisions
    The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
    Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
    ([1944] KB 718, , 60 TLR 536, [1944] 2 All ER 293, , (1945) 78 Ll L Rep 6, , [1944] EWCA Civ 1)
  • Cited – 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 . .
    (Gazette 14-Jan-98, Times 10-Dec-97, , [1997] EWCA Civ 2918, [1998] 3 All ER 180, [1998] QB 978)
  • Cited – Regina v Drew HL 8-May-2003
    The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in . .
    ([2003] UKHL 25, , Times 09-May-03, , Gazette 03-Jul-03, [2003] 1 WLR 1213, [2004] 1 Cr App R (S) 8, (2004) 75 BMLR 34, [2003] 2 Cr App R 24, [2003] 4 All ER 557)
  • Cited – Gray v Thames Trains and Others HL 17-Jun-2009
    The claimant suffered severe psychiatric injured in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had gone on to kill another person, and he had been detained under section . .
    (, [2009] UKHL 33, Times 19-Jun-09, [2009] PIQR P22, (2009) 108 BMLR 205, [2009] 4 All ER 81, [2009] 3 WLR 167, [2009] 1 AC 1339)
  • See Also – Henderson v Dorset Healthcare University NHS Foundation Trust QBD 19-Dec-2016
    . .
    (, [2016] EWHC 3275 (QB))
  • Cited – Holman v Johnson 5-Jul-1775
    ex turpi causa non oritur actio
    Mansfield LCJ set out the principle of ex turpi causa non oritur actio: ‘The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, . .
    ((1775) 1 Cowp 341, , [1775] EngR 58, , (1775) 98 ER 1120)
  • Cited – Browning v War Office CA 1962
    The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
    ([1963] 1 QB 750, [1962] 3 All ER 1089)
  • Cited – Hounga v Allen and Another SC 30-Jul-2014
    The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging . .
    (, [2014] UKSC 47, [2014] ICR 847, [2014] Eq LR 559, [2014] 4 All ER 595, [2014] 1 WLR 2889, [2014] IRLR 811, [2014] WLR(D) 353, , , UKSC 2012/0188, , )

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.620605