Ministry of Defence v Radclyffe: CA 30 Jun 2009

The court held the appellant Ministry liable for a soldier’s injuries incurred when jumping from a high bridge. A senior officer had earlier ‘assumed responsibility to prevent the junior soldiers from taking undue risks of which he was or ought to have been aware’. Sir Anthony May pointed out that the senior officer had been asked if the men might jump, concluding that ‘the very fact that they asked predicates reliance sufficient for a duty of care and their assumption that he had authority to order them not to jump.’


Sir Anthony May P QBD, Hooper, Sullivan LJJ


[2009] EWCA Civ 635




England and Wales

Cited by:

CitedGeary v JD Wetherspoon Plc QBD 14-Jun-2011
The claimant, attempting to slide down the banisters at the defendants’ premises, fell 4 metres suffering severe injury. She claimed in negligence and occupiers’ liability. The local council had waived a requirement that the balustrade meet the . .
CitedReynolds v Strutt and Parker LLP ChD 15-Jul-2011
The defendant had organised a team bonding day, including a cycling event. The claimant employee was severely injured falling from his cycle. He said that the defendant had been engligent in not providing cycling helmets. The circuit hosting company . .
CitedCockbill v Riley QBD 22-Mar-2013
The claimant sufferd catastrophic injury diving into a paddling pool at a party held by the defendant for his daughter to celebrate completing her GCSEs.
Held: The claim failed. ‘It was reasonably foreseeable that someone would lose his . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Personal Injury, Armed Forces

Updated: 28 July 2022; Ref: scu.347295