header-logo header-logo

02 October 2015 / Elizabeth Milbourn
Issue: 7670 / Categories: Features , Personal injury
printer mail-detail

​Duty to those on duty

web_milbourn

When is military personnel owed a duty of care outside combat situations? Elizabeth Milbourn investigates

In Vaughan v Ministry of Defence [2015] EWHC 1404 (QB), [2015] All ER (D) 207 (May) the claimant royal marine injured himself while away on basic training during some free time. The claimant brought a claim in negligence against the Ministry of Defence (MoD). The Queen’s Bench Division dismissed the claim on the basis that that the duty did not apply at the time of the accident and that the corporal in charge of the training exercise did not breach his duty of care.

Background

Until 1987, s 10 of the Crown Proceedings Act 1947 prevented military personnel from bringing actions against the Crown in respect of death or personal injury caused by other members of the British Armed Forces. Section 10 was suspended by the Crown Proceedings (Armed Forces) Act 1987.

Members of the armed forces who have been injured in an accident are therefore able to pursue a claim against the MoD for breach of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll