Justice and Privatised Services Civil claims

DWF's Justice and Privatised Services' civil claims team is one of the most experienced in the UK and is led by a market leading partner to private contractors servicing the Prisons sector.

Why work with our Justice and Privatised Services civil claims team?

We combine technical excellence and a dedicated service across the whole lifecycle of handling a claim.

Strike out applications

DWF acted for a private prison provider who 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 Article 2 of ECHR, in respect of the son's death of a drug overdose whilst in a prison.

In allowing the appeal, it was held that the judge had not applied the Osman test correctly and 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 the prison should have been aware of. Accordingly, G4S's application for summary judgment was granted.

Fundamental dishonesty

DWF acted for a private prison in a claim for personal injury following an alleged prisoner upon prisoner assault. The Claimant had alleged that he had suffered a permanent scar as a result of the incident but DWF were able to satisfy the court that this scar was sustained on another occasion. The Claimant was unable to prove his case and was found to be fundamentally dishonest. As a result, the Claimant lost his Qualified One Way Costs Shifting protection and our client was awarded their costs of the claim on an indemnity basis.

Trial successes regarding ECHR claims

DWF successfully defended a private prison in relation to an alleged breaches of Articles 2, 3, 7, 8 and 14 of the ECHR, false imprisonment, medical negligence, age discrimination, sexual and verbal abuse and torture. The claim was dismissed following a three day trial.

A Claimant was subject to the prison adjudication process and was ordered to spend 21 days in segregation as he sent a sexually explicit Christmas card to a female officer in contravention of Prison Rule 51. His claim pursuant to Article 6 of ECHR was dismissed at trial.

We can advise prison, police, justice and healthcare clients, on claims and litigation arising from: