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01 January 2009
Issue: 7350+7351 / Categories: Legal News , Public , Human rights , Mental health
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Lords unanimous on right to life

Health providers are not outside the reach of Art 2 of the European Convention

The House of Lords has held that a health authority can be liable for a breach of Art 2 (the right to life) of the European Convention on Human Rights, and must take reasonable measures to avoid real and immediate risk of harm to patients who have been sectioned.
Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74 concerned the death of Carol Savage, who took her own life in 2004 after running away from Runwell Hospital where she had been detained.
The deceased’s daughter,Anna Savage, started proceedings against the trust under the Human Rights Act 1998 on the basis that the trust was a public authority and liable for her mother’s right to life under Art 2, as well as her own right to family life under Art 8.
Previously, the High Court ruled that gross negligence needed to be proved in order for an Art 2 breach to occur. However Anna Savage appealed on the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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