Bass v Ministry of Defence

Bass v Ministry of Defence

The MOD did not breach its duty of care to the claimant. It carried out ongoing risk assessments, appropriately prioritised malaria over Q fever based on available evidence, and was justified in not changing its chemoprophylaxis regime. The Management of Health and Safety at Work Regulations 1999 did not apply to decisions affecting activities outside Great Britain. The claimant failed to prove he would have complied with a Doxycycline regime or that such a regime would have prevented Q fever or chronic fatigue syndrome.

Parties
Appellant/claimant: Mr Wayne Bass; Respondent/defendant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
13 January 2020
Procedural Posture
Civil Appeal / Appeal From Central London County Court to High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Employer's Duty of Care, Risk Assessment, Causation, Military Employer Liability, Application of Health and Safety Regulations Extraterritorially
Tort Law Employment Law Health and Safety Law Employer's Duty of Care Risk Assessment Causation Military Employer Liability Application of Health and Safety Regulations Extraterritorially

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Parties

Mr Wayne Bass

Appellant/claimant

Ministry of Defence

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court to High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the Ministry of Defence breached its duty of care to the claimant by failing to carry out an adequate risk assessment and/or failing to change its chemoprophylaxis policy to protect against Q fever.
  2. 2 Whether the Management of Health and Safety at Work Regulations 1999 applied extraterritorially to decisions made in the UK affecting soldiers deployed abroad.
  3. 3 Whether the claimant would have complied with a Doxycycline chemoprophylaxis regime and whether such a regime would have prevented Q fever or chronic fatigue syndrome.

Ratio Decidendi

The MOD did not breach its duty of care to the claimant. It carried out ongoing risk assessments, appropriately prioritised malaria over Q fever based on available evidence, and was justified in not changing its chemoprophylaxis regime. The Management of Health and Safety at Work Regulations 1999 did not apply to decisions affecting activities outside Great Britain. The claimant failed to prove he would have complied with a Doxycycline regime or that such a regime would have prevented Q fever or chronic fatigue syndrome.

Court Disposition

Appeal dismissed