Savage v South Essex Partnership NHS Foundation Trust [2007] EWCA Civ 1375

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."

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Law Reports website - Permission to appeal given by House of Lords, 4/3/08