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.