Savage v South Essex Partnership NHS Foundation Trust [2007] EWCA Civ 1375

Article 2 and detained patient Appeal allowed: it was not necessary to show gross negligence. "In order to establish a breach of article 2, on the assumed facts the appellant must show that at the material time the Trust knew or ought to have known of the existence of a real and immediate risk to the life of Mrs Savage from self-harm and that it failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk."

Appeal status

Permission to appeal was given by the House of Lords on 4/3/08.

CASES DATABASE

Full judgment: BAILII

Subject(s):

Miscellaneous cases🔍

Date: 21/12/07🔍

Court: Court of Appeal (Civil Division)🔍

Judicial history:

Judge(s):

Clarke🔍
Waller🔍
Sedley🔍

Parties:

Anna Savage🔍
South Essex Partnership NHS Foundation Trust🔍
Mind🔍

Citation number(s):

[2007] EWCA Civ 1375^B

What links here:

Published: 27/12/07 18:04

Cached: 2024-12-19 11:56:02