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Clunis v Camden & Islington HA [1998] 3 All ER 180

By Oxbridge Law TeamUpdated 04/01/2024 07:04

Judgement for the case Clunis v Camden & Islington HA

Table Of Contents

  • Plaintiff was mental and stabbed someone while being mental, after Defendant, the health authority, failed to realise how dangerous he was and failed to treat him.

  • He had been convicted of manslaughter by diminished responsibility and sued Defendant for damages for his consequential imprisonment, etc.

  • CA struck out his claim, saying that although the rule of policy that the court should not compensate a person relying on his own criminal activity was restricted to people who were presumed to have understood their activities to be unlawful, a case of diminished responsibility does not rebut this presumption. 

Bedlam LJ

  • Plaintiff could rebut the presumption if “he did not know the nature and quality of his act or that what he was doing was wrong,” i.e. insanity.

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