AK v (1) Central and North West London Mental Health NHS Trust (2) The Royal Borough of Kensington & Chelsea

[2008] LS Law Med 428

QUEEN'S BENCH DIVISION

and Before: Mr Justice KING

Duty of care — Mental Health — Application to strike out and dismiss claim pursuant to CPR Parts 3 and 24 — Allegations of negligence and breach of human rights for failure to provide appropriate after-care to individual with mental illness — Whether existing case law and the statutory duty provided by s 117 of the Mental Health Act 1983 precluded a private law duty of care — Whether existing case law capable of further development — Extent of negligence required to establish claim for breach of article 2 of European Convention on Human Rights