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Mulcahy v Ministry of Defence [1996]

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

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