News

Army Officer injured in a climbing accident fails to establish a breach of a duty of care by the MOD
8 July 2011

Keith Morton QC appeared for the MOD before Spencer J in the QBD. The Claimant, a Second Lieutenant in the Army, sustained severe injuries when struck on the head by falling rock whilst climbing a mountain in the Bavarian Alps as part of an adventure training exercise. The trial involved review of the systems in place to risk assess and plan the climb and the manner in which it was led and executed. The product of that review was that the Claimant failed to establish blame for his accident against his employer, the MOD.

The Judgment is reported as Macintyre v Ministry of Defence [2011] EWHC 1690 (QB) and can be found on BAILII at: 

http://www.bailii.org/ew/cases/EWHC/QB/2011/1690.html