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 military personnel against the MOD for damages arising from compulsory redundancy, framed in contract, negligence, or breach of statutory duty, are non-justiciable in the civil courts because the relationship is not contractual and is governed by the royal prerogative. The Service Complaints regime is the exclusive remedy, and attempts to repackage the claim as one in tort do not circumvent the non-justiciability. The court therefore has no jurisdiction to hear the claim.

Citation
[2021] EWHC 2958 (QB)
Parties
Claimant/respondent: Ian Craig Malone; Defendant/applicant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
08 November 2021
Procedural Posture
Civil (high Court, 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, Military Redundancy, Contract of Employment, Negligence, Breach of Statutory Duty, Judicial Review, Service Complaints, Jurisdiction
Public Law Employment Law Military Law Crown Servants Non Justiciability Military Redundancy Contract of Employment Negligence +4 more

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Parties

Ian Craig Malone

Claimant/respondent

Ministry of Defence

Defendant/applicant

Procedural Posture

Civil (high Court, Queen's Bench Division) / Application to Challenge Jurisdiction And/or Strike Out Claim

Legal Issues

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

Ratio Decidendi

Claims by military personnel against the MOD for damages arising from compulsory redundancy, framed in contract, negligence, or breach of statutory duty, are non-justiciable in the civil courts because the relationship is not contractual and is governed by the royal prerogative. The Service Complaints regime is the exclusive remedy, and attempts to repackage the claim as one in tort do not circumvent the non-justiciability. The court therefore has no jurisdiction to hear the claim.

Court Disposition

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

Orders

  • The court declines jurisdiction to hear the claim.
  • Alternatively, the claim is struck out as disclosing no reasonable cause of action and/or as an abuse of process.