swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Armed Forces - From: 1980 To: 1984
This page lists 2 cases, and was prepared on 03 April 2018.
Captain Kamarul Azman Bin Jamaluddin v Lieutenant Colonel Wan Abdul Majid Bin Abdullah (President, General Court-Martial) and 4 Others [1983] UKPC 9
21 Mar 1983
PC
Commonwealth, Armed Forces
Malaysia
[ Bailii ]
Livingstone v Ministry of Defence [1984] NILR 356
1984
CANI
Hutton J
Torts - Other, Northern Ireland, Armed Forces
The plaintiff was injured when a soldier fired a baton round after some soldiers were attacked by rioters. The round had been deliberately fired, but not to strike the plaintiff. The claim was in negligence and assault and battery. The trial judge dismissed the claim in negligence but did not give a ruling on the question of battery. Held: The court allowed the appeal and ordered a new trial, rejecting the argument that there could be no battery because the plaintiff was not the chosen target: "In my judgment when a soldier deliberately fires at one rioter intending to strike him and he misses him and hits another rioter nearby, the soldier has "intentionally" applied force to the rioter who has been struck. Similarly if a soldier fires a rifle bullet at a rioter intending to strike him and the bullet strikes that rioter and passes through his body and wounds another rioter directly behind the first rioter, whom the soldier had not seen, both rioters have been "intentionally" struck by the soldier and, assuming that the force used was not justified, the soldier has committed a battery against both."
1 Citers