Facts: Wandsworth assessed Ms S as requiring cot sides for her bed but, before Wandsworth provided them, Ms S fell out of bed and sustained injuries, as a result of which she required nursing home care. After her death, her estate sued Wandsworth in negligence, for the injuries sustained by Ms S and also for the cost of nursing care.

Judgment: Deputy High Court Judge Richard Seymour QC dismissed the action on the ground that Wandsworth had not owed Ms S a common law duty of care in negligence: on analysis, the claim was simply that Wandsworth had been in breach of its statutory duty under section 2 of the Chronically Sick and Disabled Persons Act 1970.