TPKN v The Ministry of Defence [2019] EWHC 1488 (QB) (12 June 2019)

TPKN v The Ministry of Defence [2019] EWHC 1488 (QB) (12 June 2019)

The appeal was allowed in part. The court found that Master Thornett erred in striking out the paragraphs relating to misfeasance in public office without proper argument or consideration. However, the court upheld the summary judgment in favour of the defendant on the issue of vicarious liability, finding that there was no real prospect of establishing a sufficiently close connection between TS's employment and the alleged assault, as both parties were off duty, there was no command or working relationship, and the acts were not facilitated by the working environment.

Citation
[2019] EWHC 1488 (QB)
Parties
Claimant/appellant: TPKN; Defendant/respondent: The Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
12 June 2019
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Strike Out Order
Outcome
Appeal allowed in part; summary judgment on vicarious liability upheld; strike out of misfeasance in public office claim set aside.
Legal Topics
Vicarious Liability, Misfeasance in Public Office, Summary Judgment, Strike Out Applications
Tort Law Employment Law Military Law Vicarious Liability Misfeasance in Public Office Summary Judgment Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

TPKN

Claimant/appellant

The Ministry of Defence

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Strike Out Order

Legal Issues

  1. 1 Whether the Ministry of Defence is vicariously liable for the alleged rape and sexual assault committed by a serviceman against another servicemember while off duty at a military base.
  2. 2 Whether the particulars of claim disclose a reasonable cause of action for misfeasance in public office.

Ratio Decidendi

The appeal was allowed in part. The court found that Master Thornett erred in striking out the paragraphs relating to misfeasance in public office without proper argument or consideration. However, the court upheld the summary judgment in favour of the defendant on the issue of vicarious liability, finding that there was no real prospect of establishing a sufficiently close connection between TS's employment and the alleged assault, as both parties were off duty, there was no command or working relationship, and the acts were not facilitated by the working environment.

Court Disposition

Appeal allowed in part; summary judgment on vicarious liability upheld; strike out of misfeasance in public office claim set aside.

Orders

  • Summary judgment for the defendant on vicarious liability claim is upheld.
  • Strike out of paragraphs 55-58 (misfeasance in public office) is set aside and those claims may proceed.