Case Report: Webley v St George’s Hospital NHS Trust and anr [2014] EWHC 299

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | May 2014 #125
Section 2 Mental Health Act 1983; duty of care; burden of proof ‘The case was determined based on the simple finding that the Trust, by its security personnel, failed to take reasonable steps to ensure the safety of the claimant; and that this failure caused him to suffer injury.’ The claimant sustained his head injuries …

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DL v A Local Authority & ors [2012] EWCA Civ 253

Wills & Trusts Law Reports | December 2012 #125

Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...