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

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

Fecha: 29-Oct-2025

The Human Rights Case

The Human Rights Case

As against C1

31.

C1 brings claims under Articles 2, 3 and 8 ECHR. D1 does not seek to strike out those claims nor do they seek summary judgment of any part of C1’s HRA claim save in relation to the requirement under s.139(2) MHA 1983.

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