||All England Reporter
|| All ER (D) 160 (Jun)
|| EWCA Civ 698
||Court of Appeal, Civil Division
Rix, Stanley Burnton and Jackson LJJ
||Robert Francis QC and Nigel Poole (instructed by Pannone LLP) for the claimants.
||Monica Carss-Frisk QC and Jane Mulcahy (instructed by Hempsons) for the defendant.
||21 June 2010
Human rights - Right to life - Mental health patient - Voluntary patient - Claimants' daughter admitting herself as patient of mental health unit - Patient committing suicide whilst on leave from unit - Claimants bringing claims against defendant hospital trust - Claimants settling claim - Human rights claim continuing although out of time - Judge finding defendant not having operational obligation towards voluntary mental health patient - Judge finding defendant not breaching investigatory obligation and that claimants not victims - Whether judge erring - European Convention on Human Rights, art 2.
Human rights Right to life. The Court of Appeal, Civil Division, upheld the decision of the judge that the defendant NHS hospital trust did not have an operational obligation to the claimants' daughter, a voluntary mental patient, under art2 of the European Convention on Human Rights. The Court further upheld the decision that the defendant had not been in breach of the investigatory obligation under art2, and that the claimants were not victims for the purposes of s7(7) of the .
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