illegality Archives - The QMLR Archive

Psychosis, Operational Duty and Illegality

Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) In Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) the High Court considered the liability of an NHS Trust when a patient stabbed his daughter during a psychotic episode allegedly…

By Lucy McCann May 24, 2022Clinical negligence, Issue 11Article 2, illegality, operational duty

Clinical negligence Issue 7

Mental Health, Clinical Negligence and the Illegality Defence

Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 In Ecila Henderson v Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence. The Claimant — a…

By Robert Kellar KC March 8, 2021Clinical negligence, Issue 7illegality