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

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

Fecha: 29-Oct-2025

As against C2 and C3

As against C2 and C3

D1 also seeks the strike out of C2 and C3’s claims to be victims of any breach of the ECHR rights of other family members, when those family members can enforce their rights themselves. D1 do not seek to strike out C1’s claims under the HRA, save in relation to the requirement under s.139(2) MHA 1983, nor do they seek to strike out the claims of C2 relating to alleged systemic duties arising under Articles 2, 3 and 8 of the ECHR.

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