Problem Category: Armed Forces

Question 1

Mulcahy v MOD

Answer 1

• No DOC between soldiers in battle conditions.
• Foreseeability and proximity, but not F, J and R to impose duty.
• Imposing duty could lead to military operations being adversely affected.

Question 2

Smith v MOD

Answer 2

• Doctrine of combat immunity should be narrowly construed.
• Should not go beyond active combat to planning and operations prep.
• Victims were servicemen killed/injured in friendly fire who said MOD breached DOC to provide equipment to prevent incident.