Case (Ex turpi causa). Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB)

— The patient stabbed his daughter several times during a psychotic episode. He sought damages from the Trust for negligence, and she for breaches of Articles 2 and 3 ECHR. (1) The court held that the patient had not established a breach of duty, and commented obiter on other aspects: (a) defences based on causation or voluntary acceptance of risk (as the patient had stopped his medication and lied about it) could not succeed because the relevant duty of care is a duty to prevent harm that would arise from the claimant's own deliberate act; (b) the illegality defence would not be available (the patient had been found not guilty by reason of insanity); (c) if the claim had otherwise succeeded it would be just and equitable to reduce the damages recoverable by three quarters for contributory fault. (2) The Osman duty arose in respect of the daughter but the Trust had taken reasonable steps to avert the risk
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