Strike-out on the basis of facts, not law

Lukes v Kent & Medway NHS Trust is an instructive illustration of whether strike-out applications can succeed on factual grounds against either healthcare or police defendants in the context of claims for provision of negligent mental health treatment/assessment.

Ex turpi defence fails where claimant acquitted for insanity: Lewis-Ranwell v G4S in the Court of Appeal

Megan Griffiths and Achas Burin look at the defence of illegality as analysed in the recent Court of Appeal decision, Lewis-Ranwell v G4S Health and others [2024] EWCA Civ 138. The Court of Appeal found by a majority of 2-1 that a claimant acquitted of murder by reason of insanity was not prohibited from bringing a negligence action because, although they had committed a criminal act, they had not been deemed criminally responsible for it and it would be contrary to public policy to debar them.

Disclaimer

This blog is for information purposes only. The blog does not offer legal advice and should not be interpreted as…