# Case (Ex turpi causa). Traylor v Kent and Medway NHS Social Care Partnership Trust \[2022\] EWHC 260 (QB) **URL:** \ **Category:** MHLO updates\ **Created:** [21 March 2023 11:57 UTC](https://forum.mentalhealthlaw.co.uk/t/case-ex-turpi-causa-traylor-v-kent-and-medway-nhs-social-care-partnership-trust-2022-ewhc-260-qb/1545 "2023-03-21T11:57:03Z")\ **Posts on this page:** 1\ **Page:** 1
**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Post date:** [21 March 2023 11:57 UTC](https://forum.mentalhealthlaw.co.uk/t/case-ex-turpi-causa-traylor-v-kent-and-medway-nhs-social-care-partnership-trust-2022-ewhc-260-qb/1545/1 "2023-03-21T11:57:03Z")
— 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 * * * Full details available at: [https://www.mentalhealthlaw.co.uk/Traylor\_v\_Kent\_and\_Medway\_NHS\_Social\_Care\_Partnership\_Trust\_(2022)\_EWHC\_260\_(QB)?id=210323-1123](https://www.mentalhealthlaw.co.uk/Traylor_v_Kent_and_Medway_NHS_Social_Care_Partnership_Trust_(2022)_EWHC_260_(QB)?id=210323-1123)