From: Ken Oliphant <ken.oliphant@oeaw.ac.at>
To: HOGGARD N.W. <n.w.hoggard@durham.ac.uk>
Andrew Tettenborn <A.M.Tettenborn@swansea.ac.uk>
CC: obligations@uwo.ca
Date: 22/08/2013 06:50:37 UTC
Subject: AW: ODG: puzzle about Rabone decision

Thanks for these responses. I think that Nick and Andrew have probably nailed it, and the award was probably in respect of both the two days' of feeling suicidal, and the previous treatment failures. Of course, there's no injury requirement for the HRA claim so compensation can be awarded for 'mere' anxiety and distress.

Lord Dyson's two months seems just to have been an error.

Cheers
Ken

Von: HOGGARD N.W. [n.w.hoggard@durham.ac.uk]
Gesendet: Montag, 19. August 2013 11:12
An: Andrew Tettenborn
Cc: Ken Oliphant; obligations@uwo.ca
Betreff: Re: ODG: puzzle about Rabone decision


Best regards

Nick

_______________

Nicholas Hoggard BA(Hons), LLB(Hons), LLM
Barrister (Lincoln's Inn)

Tutor and Doctoral Scholar | Durham Law School
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On 19 Aug 2013, at 09:52, "Andrew Tettenborn" <A.M.Tettenborn@swansea.ac.uk> wrote:

Puzzled me too. Just possibly there were complaints by the parents about her treatment earlier which we don't know about (after all, the 1934 Act proceedings were settled after horse-trading of which we know nothing). Or just possibly it's a slip of the word processor: possibly the 2 *days* of feeling suicidal after she was allowed home?

Andrew


On 19/08/13 07:51, Ken Oliphant wrote:
Dear all

I am puzzled by something in the UK Supreme Court's judgment in Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 (suicide by informal patient allowed home leave). At para 74, Lord Dyson says that the settlement for the claim by the deceased's estate included an element in respect of her pain and suffering "during the two months before she died". Yet, we are also told (paras 1 and 74)  that the deceased died on the same day on which she hung herself (which was the day after she was negligently allowed home from the defendant's hospital), so I can't work out where Lord Dyson's two months come from.

Any ideas?

Best wishes
Ken

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