From Mental Health Law Online
Appeal allowed: it was not necessary to show gross negligence. "In order to establish a breach of article 2, on the assumed facts the appellant must show that at the material time the Trust knew or ought to have known of the existence of a real and immediate risk to the life of Mrs Savage from self-harm and that it failed to take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk."
- Savage v South Essex Partnership NHS Foundation Trust (2007) EWCA Civ 1375
Law Reports website - Permission to appeal given by House of Lords, 4/3/08