ZZZ (Respondent) v Ministry of Defence (Appellant)

Case summary

Case ID

UKSC/2026/0113

Parties

Appellant(s)

The Ministry of Defence

Respondent(s)

ZZZ

Issue

1) Did ZZZ remain a lawful visitor to whom a duty of care is owed under the Occupiers’ Liability Act 1957, or did he become a trespasser when he engaged in intoxicated horseplay on the second-floor landing from which he subsequently fell? 2) Should the damages that ZZZ received have been subject to a reduction for contributory negligence?

Facts

Early on Sunday, 24 March 2019, ZZZ (the Respondent) suffered serious injuries when he fell from a second-floor landing down to the ground floor (“the accident”). The edge of the landing was guarded by a balustrade, which did not prevent the accident. At the time of the accident, ZZZ was employed by the Ministry of Defence (“the MoD”), the Appellant, as a Rifleman. The accident took place in the barracks where ZZZ was required to live. The accident took place after intoxicated horseplay involving ZZZ and another soldier on the landing. ZZZ responded by putting the other soldier in a headlock. ZZZ brought a claim for damages in respect of the accident against the MoD (now his former employer). ZZZ was successful before both the High Court and the Court of Appeal. The MoD now appeals to the Supreme Court.

Date of issue

6 August 2026

Case origin

PTA

Permission to Appeal

Justices

Lord Lloyd-Jones

Lord Leggatt

Lord Snowden

Permission to Appeal decision date

6 October 2026

Permission to Appeal decision

Refused

The application does not raise an arguable point of law.

Back to top