Malone v Ministry of Defence [2021] EWHC 2958 (QB) (08 November 2021)

Malone v Ministry of Defence [2021] EWHC 2958 (QB) (08 November 2021)

Claims by servicemen against the MOD for damages arising from redundancy, framed in contract, negligence, or breach of statutory duty, are not justiciable in the civil courts because the relationship is non-contractual and governed by the royal prerogative. The statutory Service Complaints regime is the exclusive remedy, and judicial review is available for public law challenges. Framing the claim in tort does not circumvent the non-justiciability of the relationship.

Citation
[2021] EWHC 2958
Parties
Claimant/respondent: Ian Craig Malone; Defendant/applicant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
08 November 2021
Procedural Posture
Civil (queen's Bench Division) / Application to Challenge Jurisdiction And/or Strike Out Claim
Outcome
Claim dismissed for want of jurisdiction; alternatively, struck out as an abuse of process.
Legal Topics
Crown Servants, Non Justiciability, Contract of Employment, Negligence, Breach of Statutory Duty, Judicial Review, Service Complaints, Redundancy
Employment Law Public Law Military Law Crown Servants Non Justiciability Contract of Employment Negligence Breach of Statutory Duty +3 more

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Parties

Ian Craig Malone

Claimant/respondent

Ministry of Defence

Defendant/applicant

Procedural Posture

Civil (queen's Bench Division) / Application to Challenge Jurisdiction And/or Strike Out Claim

Legal Issues

  1. 1 Whether the court has jurisdiction to hear a claim by a serviceman against the MOD for damages arising from compulsory redundancy
  2. 2 Whether the relationship between the MOD and servicemen is justiciable in contract or tort
  3. 3 Whether claims framed in negligence or breach of statutory duty circumvent the non-justiciability of military service terms

Ratio Decidendi

Claims by servicemen against the MOD for damages arising from redundancy, framed in contract, negligence, or breach of statutory duty, are not justiciable in the civil courts because the relationship is non-contractual and governed by the royal prerogative. The statutory Service Complaints regime is the exclusive remedy, and judicial review is available for public law challenges. Framing the claim in tort does not circumvent the non-justiciability of the relationship.

Court Disposition

Claim dismissed for want of jurisdiction; alternatively, struck out as an abuse of process.

Orders

  • Application by MOD allowed
  • Claim dismissed for want of jurisdiction