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

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

Fecha: 29-Oct-2025

Heading

Neutral Citation Number: [2025] EWHC 2803 (KB)

Case No: QB-2022-002447

IN THE HIGH COURT OF JUSTICE

KING'S BENCH D1VISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 29/10/2025

Before :

MRS JUSTICE FOSTER

Between:

KHAMBA AND OTHERS	Claimants
- and -
HARROW LONDON BOROUGH COUNCIL AND OTHERS	Defendant

Nicholas Bowen KC & David Lemer (instructed by Leigh Day) for the Claimants

James Weston (instructed by Weightmans LLP) for the First Defendant

Hearing dates: 5^th,6^th, and 27^th November 2024

Written Submissions: 29^th November 2024 and 4^th December 2024

Approved Judgment

This judgment was handed down remotely at 10.30am on 29^th October 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.

.............................

MRS JUSTICE FOSTER

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