Facts: MS had been held in a police cell for two days before being transferred to a medium secure hospital, despite obvious signs that he was mentally unwell and that his behaviour was deteriorating. His claim in negligence was dismissed.

Judgment: the European Court of Human Rights held that MS had been in dire need of psychiatric treatment and his condition had deteriorated very badly whilst in the police cell so that, although there had not been any intention to humiliate or debase him, his treatment had been incompatible with Article 3 ECHR.