Perrin v Ministry Of Defence [2001] EWCA Civ 1310 (31 July 2001)

Perrin v Ministry Of Defence [2001] EWCA Civ 1310 (31 July 2001)

The judge's findings raised a real doubt as to whether there was a proper basis for concluding fault on the part of the Ministry of Defence, justifying a full appeal hearing.

Citation
[2001] EWCA Civ 1310
Parties
Claimant/respondent: Alan George Perrin; Defendant/applicant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
31 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Employer's Liability, Contributory Negligence, Duty of Care, Workplace Safety
Personal Injury Negligence Military Law Employer's Liability Contributory Negligence Duty of Care Workplace Safety

Case Brief

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Parties

Alan George Perrin

Claimant/respondent

Ministry of Defence

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Ministry of Defence was negligent in failing to require the wearing of helmets in the observation tower
  2. 2 Whether the risk of injury from shrapnel was foreseeable and required precautions
  3. 3 Whether the claimant was contributorily negligent

Ratio Decidendi

The judge's findings raised a real doubt as to whether there was a proper basis for concluding fault on the part of the Ministry of Defence, justifying a full appeal hearing.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Defendant's costs in the appeal