Success in Major High Court Case Following HMP Leeds Death in Custody

Daniel Lemberger Cooper, Partner, and Patrick Dunne, solicitor, have succeeded in a major and complex claim for damages arising from a death in custody.

The Prisons and Probation Ombudsman (‘PPO’) carried out an investigation into the acts and omissions of the staff at HMP Leeds. The PPO report made a number of critical findings and recommendations.

The Inquest proceedings into the deceased’s death engaged the enhanced investigative duty under the Human Rights Act, and a jury was empanelled to find in what circumstances the death occurred. The jury returned a narrative conclusion that drew a causal link between the failures of the prison and healthcare staff and the eventual death. The jury found that “collectively the findings may have contributed to the death.”

A claim under the Human Rights Act, the Fatal Accidents Act (as amended) and Law Reform Miscellaneous Provisions Act was lodged in the High Court.

After a long battle by the family and Imran Khan and Partners, the action settled for significant damages for the deceased’s family, including his children. The settlement was approved by the High Court last week.