mental health CASES

September 24, 2025

National Case Law Archive

Lady justice next to law books

Islington LBC v University College London Hospital NHS Trust [2005] EWCA Civ 596

A mentally ill patient, inadequately detained in hospital due to bed shortages, absconded and seriously injured herself. The NHS Trust was found to have breached its duty of care, as the patient's own actions did not break the chain of causation. Facts A patient with a history of violence and mental illness was admitted to a hospital managed by the University College London Hospital NHS Trust. Her condition was such that she required detention under the Mental Health Act 1983. However, due to a shortage of appropriate beds, she was placed in a general ward and was also left unattended

September 16, 2025

National Case Law Archive

Lady justice next to law books

Clunis v Camden and Islington HA [1997] EWCA Civ 2918

A man convicted of manslaughter sued a health authority for negligently failing to treat his mental illness, which he claimed caused the killing. The court struck out the claim, applying the public policy doctrine ('ex turpi causa') that a claimant cannot recover for loss resulting from their own criminal act. Facts The plaintiff, Mr Andre Clunis, had a history of mental disorder, specifically schizophrenia, which included incidents of violence. After being detained under section 3 of the Mental Health Act 1983, he was discharged into the community under the care of the defendant health authority. The authority had a statutory