G4S Care and Justice Services Ltd v Luke (suing on behalf of and as administrator of the estate of Dean Boland)

Summary judgment – Personal injury. G4S Care and Justice Services Ltd (G4S) appealed against a judge's decision, dismissing its application for summary judgment and/or strike out of the claimant mother's claim (as the administrator of her deceased son's estate) for damages, under art 2 of the European Convention on Human Rights, in respect of the son's death of a drug overdose while in a prison run by G4S. The Queen's Bench Division, in allowing the appeal, held that the judge had not applied the Osman test in a way which had paid proper regard to its stringent nature and that, applying settled law to the facts, there was no realistic prospect of the claimant showing that there had been a real and immediate risk to her son's life, of which G4S should have been aware, so as to trigger its operational 'Osman' duty to protect life. Accordingly, the court held that the judge had erred in dismissing G4S's application for summary judgment, and it granted summary judgment in its favour on the claim.

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