12KBW barristers in novel duty of care case
In Hall v Gwent Healthcare NHS Trust and others [2004] EWHC 2748 (QB) Lawtel 20/11/04, the claimant was a widow. Her husband had mental health problems, which the Trust knew about. Three people (the other defendants) sent hoax e-mails to his company requesting that he go on a business trip to India. He returned in an extremely disturbed state and fatally stabbed the daughter of the claimant. The claimant suffered psychiatric injury and claimed against the Trust (represented by Stephen Worthington) for failing to take steps to protect her daughter and against the hoaxers (represented by Susan Rodway QC) for deceit, intentional infliction of harm and negligence. Both these claims were struck out but the claimant appealed.
Jack J upheld the strike out against the hoaxers. The claim for deceit and intentional harm failed because the conspiracy was not directed at the claimant and the claim for negligence failed because the claimant's injury was not a foreseeable consequence of the hoax. However, the claim against the Trust was reinstated in the basis that if a breach of duty could be established on behalf of the daughter there was a possibility that this could found a successful claim by the claimant.
Richard Methuen QC 'a superb operator with a direct approach' (Chambers Uk 2006)
