Facts
- Mulcahy (an artilleryman) was deafened when standing next to a gun during battle
Issue
- Was the officer who fired the gun liable for the deafness of Mulcahy
Decision
- No liability
Reasoning
- It was not fair, just or reasonable to expect an officer to make such considerations as to prevent such injuries during active war; policy prevented claim
Citation
[1996] EWCA Civ 1323
