“In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (‘ex turpi causa’) in the context of a claim for clinical negligence. The claimant – a mental health patient – had committed a criminal offence as a result of the defendant health authority’s admitted negligence. Can a claimant, who would not have committed an offence but for the Defendant’s negligence, recover losses arising from their own criminality? …” (more)
[Robert Kellar QC, UK Human Rights Blog, 3 November]
First posted 2020-11-04 07:43:51
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