On 21 December 2006, Swift J heard a defendant NHS Trust’s successful application for summary judgment. The claimant alleged breach of article 2 (right to life) of the European Convention on Human Rights after her mother committed suicide whilst detained under s3 Mental Health Act 1983. In an attempt to improve her chances of success, the claimant argued that a different, less stringent test should apply to detained than to voluntary patients. The argument was rejected by Swift J Swift J ruled that the one proper test to be applied in order to establish a breach of article 2 is whether the allegations of clinical negligence constitute at least gross negligence of a kind sufficient to sustain a charge of manslaughter. Since it was agreed by the parties that the allegations of failures and inadequacies in the defendant’s treatment of the claimant’s mother were not sufficient to constitute gross negligence, the claimant had no real prospect of success.