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…

Article 2 and the Provision of Healthcare

R (Maguire) v HM Senior Coroner for Blackpool [2020] EWCA Civ 738 Where Article 2 of the Convention is invoked to allege inadequate provision of healthcare by the state, recent Strasbourg and domestic authorities suggest an increasingly restrictive approach. An expansive approach The 2015 Chamber decision of the Fourth Section…

Medical Inquests and Article 2

R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin)  This article originally appeared in Issue 2 (July 2019). The High Court has re-affirmed that, in most cases, inquests involving allegations of medical failings do not engage the State‚Äôs positive obligations under Article 2 of the…