King's / Queen's Bench Division of the High Court
QB-2022-002447 - [2025] EWHC 2803 (KB)
Fecha: 29-Oct-2025
The index incident
The index incident
In the early hours of 23 December 2018, C3 violently attacked C1 in their home resulting in her very serious injury including blindness. C2 returned home and found C1 badly injured, herself suffering a laceration to her finger and shock. The injury was sustained when trying to take C3’s weapon, a knife, from him.
C3 was charged with C1’s attempted murder. He was tried in January 2020, and found not guilty by reason of insanity. He has since been diagnosed with paranoid schizophrenia with auditory hallucinations and disordered thought and at the time of the hearing of this Application was detained in a secure psychiatric hospital under a Hospital Order.
- 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