Karen O’Sullivan reviews the recent decision in MacIntyre
The recent High Court decision of MacIntyre v MoD [2011] EWHC 1690 (QB), [2011] All ER (D) 05 (Jul) may be more interesting in what it doesn’t say than what it does, especially when considered with other recent cases of a similar ilk. The facts of the case cross the divide between dangerous sporting activities and employer liability claims.
MacIntyre is an employer’s liability case where the claimant was a junior officer in the army. He was a novice climber and was led with another novice on a climb in the German Alps by two very experienced climbers who were also officers. Ironically the accident happened on the ascent of a part of the mountain that was regarded as technically undemanding. This was the problem that led to the accident, in that due to the lack of steepness, the terrain carried a lot of loose rock, which was the subject of discussion prior to the assent of this part of the mountain. The leaders roped side by side and ascended up to 50 metres
