‘IN Lewis-Ranwell v G4S Health Services (UK) Ltd. and others [2024] EWCA Civ 138, the claimant (C) had been diagnosed with schizophrenia. A few years later, he was detained by the police on suspicion of burglary and was visibly mentally unwell. He was released after being seen by mental health professionals employed by the defendants (DD). Later that day, C was arrested on suspicion of assault and released the next day, again after being seen by DD’s mental health professionals. Soon after his second release, C killed three men during a psychotic episode. C was acquitted of murder by reason of insanity, on the basis that he did not realise his conduct was contrary to the criminal law or the “standards of reasonable ordinary people” (see Keal [2022] EWCA Crim 341, at [41]). Following this acquittal, C was detained in hospital. C sought damages from DD in negligence, including for loss of liberty, and an indemnity for claims against him by the victims’ estates. C argued that, had DD not been careless in their provision of care, he would not have been released from custody and in a position to kill. At first instance, DD failed to strike out the claim on the ground of illegality. The Court of Appeal, by a majority (Underhill L.J. and Dame Victoria Sharp P.), agreed that the illegality defence did not apply. In this note, we argue that the majority was correct.’
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Cambridge Law Journal, 7th January 2025
Source: www.cambridge.org
