Birch v Ministry of Defence: CA 14 Jun 2013

The claimant appealed against rejection of his claim for personal injuries. He had been driving a Land Rver whilst on active duty in Afghanistan. He said that he was known not to be properly qualified to drive.
Held: The appeal was allowed. Once it was known to the defendants that the claimant was to be selected to drive though unqualified, they were in breach of their duty of care to him, and the court would not make any deduction for contributory negligene.

Longmore, Tomlinson, Lewisn LJJ
[2013] EWCA Civ 676
Bailii
Law Reform (Contributory Negligence) Act 1945 1(1)
England and Wales

Personal Injury, Negligence

Updated: 14 November 2021; Ref: scu.510862