Clunis v Camden and Islington Health Authority [1998] 3 All ER 180 (CA)

Negligence – breach of statutory duty – striking out – mental health – after-care services – s117 MHA 1983

The wording of s117 Mental Health Act 1983 did not give rise to a private law action in damages for breach of statutory duty, nor would it be fair, just and reasonable to impose a common law duty of care on an authority, bearing in mind the scope of the obligations under s117 and the statutory framework. Further, the court would not entertain a claim for damages arising out of a plaintiff’s own criminal or immoral act, where the plaintiff knew that what he was doing was wrong, even if he was acting with diminished responsibility.

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