Our offices are open as usual over the Easter break

Matthews v Ministry of Defence – Summary

389 words (2 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of UK Essays.

If you would like to view samples of the work produced by our academic writers please click here.

Matthews v Ministry of Defence [2003] UKHL 4; 1 All ER 689

Tort; liability of Crown; injury during service; human rights

(331 words)

Facts

Matthews was an electrical mechanic in the Royal Navy for some 13 years. Decades after his service ended he was diagnosed as having asbestos-related injuries.

Issue

He claimed damages from the Ministry of Defence, arguing that the ministry breached its statutory duty or committed negligence by exposing him to asbestos during his service. The ministry relied on s. 10 of the Crown Proceedings Act 1947 (exempting the Crown from tortious liability for injuries suffered by the armed forces due to events before 1987) and denied the claim. The Secretary of State even issued a certificate (within the meaning of s. 10(1)(b)) that if the claimant’s injury was due to an event during service, it would be attributable to service for pension entitlement purposes. The trial judge held that s. 10 was incompatible with Article 6 of the ECHR, namely the right to a fair trial (as set out in Schedule 1 of the Human Rights Act 1998) because it unjustifiably prevented the claimant from exercising his right to sue. The ministry’s appeal was allowed by the Court of Appeal.

Held

The House of Lords dismissed Matthews’s appeal. It held that in Article 6, “civil rights” were autonomous and should not be interpreted solely by reference to one country’s domestic law. However, while Article 6(1) indeed protected a person’s access to justice/court, it did so only in relation to civil rights that were recognised in the given country – here, the UK – and where the restriction was procedural. The Crown was exempted from liability for injuries suffered by the armed services both at common law and expressly under s. 10 of the 1947 Act (including the Secretary of State’s certificate). The claimant was entitled to benefits under a no-fault compensation scheme that could not be substituted for a damages claim. S. 10 of the 1947 Act was not a procedural restriction but rather a rule of substantive law under which Matthews had no civil right that Article 6 could be applied to.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

https://steroid-pharm.com

steroid-pharm.com

оросители для полива

Ready to get started?