Secondary victim claim fails: Wild v Southend University Hospitals NHS Foundation Trust

ably an equitable ruling because the claimant has actually lost nothing and suffered nothing as a consequence of the technical breach. The position is, however, very different if the claimant would not have been detained but for the error. In such cases, it is entirely appropriate that damages will be substantial because the claimant will have lost liberty and possibly suffered financially as a consequence of being unlawfully detained.