| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 05 (Jul) |
| Neutral Citation: | [2011] EWHC 1690 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Spencer J |
| Representation | Nigel Cooksley QC and Charles Woodhouse (instructed by BTMK) for the claimant. |
| Keith Morton QC and Matthew White (instructed by The Treasury Solicitor) for the defendant. | |
| Judgment Dates: | 30 June 2011 |
Catchwords
NEGLIGENCE - DUTY TO TAKE CARE - BREACH OF DUTY - CAUSATION - CLAIMANT SERIOUSLY INJURED IN CLIMBING ACCIDENT IN BAVARIAN ALPS IN COURSE OF FORMAL ARMY ADVENTUROUS TRAINING EXERCISE - CLAIMANT CLAIMING DAMAGES FOR PERSONAL INJURY - WHETHER ANY BREACH OF DUTY ON PART OF DEFENDANT - WHETHER ANY SUCH BREACH CAUSATIVE OF CLAIMANT'S ACCIDENT.
The Case
NEGLIGENCE DUTY TO TAKE CARE. The Queen's Bench Division held, in dismissing the claimant's claim for damages for personal injury, that the claimant's injury sustained in a climbing accident in the Bavarian Alps in the course of a formal army adventurous training exercise had not been caused by any negligence on the part of the defendant.
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