Facts: after his discharge from the latest of many compulsory admissions, AK was placed in bed and breakfast accommodation but jumped from the window, suffering catastrophic injuries. He claimed damages from the Primary Care Trust and the local authority. The Master granted the defendants summary judgment and AK appealed.

Judgment: King J allowed the appeal on the basis that it was arguable that the defendants had owed AK a common law duty of care, based on their ongoing responsibility for the care of a highly vulnerable man they knew was reliant on them. Further, while the Article 2 ECHR claim was doomed to fail, in the absence of a plea of gross negligence, the same could not be said of the claims under Articles 3 or 8 ECHR.