Lewis-Ranwell (Respondent) v G4S Healthcare (UK) Ltd and others (Appellants)

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Case summary

Case ID

UKSC/2024/0039

Parties

Appellant(s)

Devon County Council

Respondent(s)

Alexander Lewis-Ranwell

G4S Healthcare (UK) Limited

The Chief Constable of Devon and Cornwall Police

Devon Partnership NHS Trust

Issue

Where an individual commits an unlawful act due to the alleged negligent failure by another to prevent it but is, at trial, found not guilty by reason of insanity, does the illegality defence apply to bar the individual’s claim against the negligent party in tort?

Facts

The Respondent, aged 32, is a diagnosed schizophrenic who spent time in psychiatric intensive care. In 2019, he killed three elderly men in the delusional belief that they were paedophiles. He was charged with murder but was found not guilty by reason of insanity and detained under the Mental Health Act 1983. Shortly before the killings, the Respondent had twice been arrested by the police, on suspicion of burglary and assault (the latter offence also having been committed against an elderly man he believed to be a paedophile), and was detained before being released on bail. During both periods of detention, he behaved erratically and violently, and was seen or spoken to by mental health professionals employed by the Appellants. The need for a mental health assessment was discussed but not arranged. In February 2020, the Respondent brought proceedings against the Appellants in negligence and under the Human Rights Act 1998. He also sought an indemnity in respect of claims brought against him because of his actions. The Appellants unsuccessfully sought to strikeout the claims in negligence, relying on the illegality defence. Both the High Court and Court of Appeal (by majority) held that, because the defence was only considered to apply where the claimant had known that he or she was acting unlawfully, it could not be invoked here because the Respondent’s plea of insanity had succeeded due to him not knowing that the killings were wrongful. The Appellants now appeal to the Supreme Court.