A claim for damages on behalf of a murdered child’s estate and the child’s mother for psychiatric damage against a health authority for negligence in having failed to manage a psychiatric outpatient who had abducted and murdered the child, was bound to fail, and was struck out, as there was insufficient proximity between the Authority and either claimant. In considering an application for striking out, the court should assume that the claim is genuine and serious, and also assume that the claimant will successfully prove the pleaded facts and matters relied on
Judges:
Stuart-Smith, Pill, Thorpe LJJ
Citations:
Times 06-Jul-1999, [1999] EWCA Civ 1533, [2000] PNLR 87, [1999] Lloyd’s Rep Med 351, [2000] PIQR P1
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Compania Financiera v Hamoor Tanker Corporation (‘the Borag’) CA 1981
The managers had taken on the management of the ship. In the course of a dispute, the managers had the ship arrested whilst in Capetown. The owners had to obtain a bank guarantee to secure its release, and sought the interest payments on the . .
Appeal from – Palmer v Tees Health Authority and Another QBD 1-Jun-1998
A Health authority was not liable in negligence for failing to restrict the freedom of a mental health out-patient who had threatened to kill and did so. The threat was not specific enough to allow action. . .
Cited by:
Cited – Dowson and Others v Northumbria Police QBD 30-Apr-2009
Nine police officers claimed damages for alleged harassment under the 1997 Act by a senior officer in having bullied them and ordered them to carry out unlawful procedures. Amendments were sought which were alleged to be out of time and to have . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 30 May 2022; Ref: scu.146448