Dodds v. The Ministry Of Defence [2006] ScotCS CSOH_132 (29 August 2006)

Dodds v. The Ministry Of Defence [2006] ScotCS CSOH_132 (29 August 2006)

The Ministry of Defence was liable for the pursuer's injury because the instructor failed to physically demonstrate the ladder jump and the safer sitting alternative, materially increasing the risk of injury. The pursuer's adjustment disorder and losses were attributable to the accident and its consequences, and there was no scientific basis for apportioning causation between the accident and subsequent events. The pursuer was entitled to recover full damages.

Citation
[2006] ScotCS CSOH_132
Parties
Pursuer: Sinead Grace Dodds; Defender: Baron Davidson of Glen Clova, The Right Honourable Dr Lynda Clark, QC, MP, The Advocate General for Scotland as representing the Ministry of Defence
Jurisdiction
Scotland
Judgment Date
29 August 2006
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Defender found liable; judgment for pursuer.
Legal Topics
Employer's Duty of Care, Negligence, Psychiatric Injury, Quantum of Damages, Demonstration of Safe Technique, Novus Actus Interveniens
Tort Employment Law Personal Injury Employer's Duty of Care Negligence Psychiatric Injury Quantum of Damages Demonstration of Safe Technique +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sinead Grace Dodds

Pursuer

Baron Davidson of Glen Clova, The Right Honourable Dr Lynda Clark, QC, MP, The Advocate General for Scotland as representing the Ministry of Defence

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Was the Ministry of Defence liable for the pursuer's injury during basic training?
  2. 2 Did the instructor fail to demonstrate safe techniques and alternatives?
  3. 3 Was the pursuer's psychiatric injury and loss attributable to the accident or subsequent events?

Ratio Decidendi

The Ministry of Defence was liable for the pursuer's injury because the instructor failed to physically demonstrate the ladder jump and the safer sitting alternative, materially increasing the risk of injury. The pursuer's adjustment disorder and losses were attributable to the accident and its consequences, and there was no scientific basis for apportioning causation between the accident and subsequent events. The pursuer was entitled to recover full damages.

Court Disposition

Defender found liable; judgment for pursuer.

Orders

  • Defender to pay pursuer £191,400 gross of benefits which may be repayable.