Henderson v Dorset Healthcare University NHS Foundation Trust [2018] EWCA Civ 1841 (03 August 2018)

This is an appeal from the order… on the trial of a preliminary issue, that claims in the common law tort of negligence brought by Cagainst D were barred by the doctrine of illegality. This appeal concerns the correct interpretation of the authorities on the doctrine of illegality as it applies in the field of tort… (paragraph 1)

C was born on 10 August 1971. She has been diagnosed at different times as suffering from paranoid schizophrenia or schizoaffective disorder… on 25 August 2010, whilst experiencing a serious psychotic episode, she stabbed her mother to death. (paragraph 3)

At the time of the offence, C was under the care of D… It is… common ground between the parties that this tragic event would not have happened but for the D’s breaches of duty in failing to respond in an appropriate way to C’s mental collapse. (paragraph 4)

C was charged with the murder of her mother…. the prosecution accepted a plea of manslaughter by reason of diminished responsibility. (paragraph 5)

Appeal dismissed (paragraph 94)