King's / Queen's Bench Division of the High Court

QB-2022-002447 - [2025] EWHC 2803 (KB)

Fecha: 29-Oct-2025

As against all Claimants

As against all Claimants

D1 seeks a strike out, pursuant to CPR 3.4(2)(a) or CPR 3.4(2)(b), on the grounds that the permission of the Court to bring these proceedings was not sought as required by s.139(2) MHA and the proceedings are therefore a nullity. In the alternative, D1 seeks to strike out the common law claims, arguing that no duty of care is owed as regards an assessment for detention which the Claimants say was carried out here negligently, in breach of duty, and to strike out certain parts of the cases based on rights arising under the ECHR. Summary judgment is also sought in the same terms.

Heading
THE CLAIM
As against all Claimants
As against C2
As against C3
As against C2 and C3
FACTUAL BACKGROUND
Events of 14 August 2018
The index incident
The Common Law Claim
The Human Rights Case
As against C2
As against C3
D1’s position on the Common law duty in its defence
D1’s position on the Human Rights Case
Framework for the Application
The Relevant Statutory Provisions
Section 139 Discussion
Duty of Care Discussion
Consistency with statutory framework
The omissions principle and its exceptions – an assumption of responsibility – services or control?
He continued
Conclusions