Karen O’Sullivan reviews the recent decision in MacIntyre
The recent High Court decision of MacIntyre v MoD [2011] EWHC 1690 (QB), [2011] All ER (D) 05 (Jul) may be more interesting in what it doesn’t say than what it does, especially when considered with other recent cases of a similar ilk. The facts of the case cross the divide between dangerous sporting activities and employer liability claims.
MacIntyre is an employer’s liability case where the claimant was a junior officer in the army. He was a novice climber and was led with another novice on a climb in the German Alps by two very experienced climbers who were also officers. Ironically the accident happened on the ascent of a part of the mountain that was regarded as technically undemanding. This was the problem that led to the accident, in that due to the lack of steepness, the terrain carried a lot of loose rock, which was the subject of discussion prior to the assent of this part of the mountain. The leaders
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