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Old 28th Nov 2008, 10:35
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Brain Potter
 
Join Date: Aug 2003
Location: England
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I think that you need to clarify what is meant by
suing me through the MOD
One form of direct dispute between the SAC and the MoD may well lie in the H&S laws and the "duty-of-care" owed to her as one of their employees.

BluntM8, is not quite correct in saying
If she had been "off duty" then the matter would be between you and her.
as Tort law encompasses the principle of Vicarious Liability. This means that the employer is liable for the negligence of their employee. She may well be citing your negligence as an employee in a case against your employer - the MoD. She could do this regardless of whether she was on-duty, off-duty or was just a passer-by. It makes much more sense to sue the MoD for damages as they have much deeper pockets than you. Are you actually named as a defendant in the case? If not, then you are not being sued.

Of course, interpretation of law is complex and there are many nuances depending on the status of the parties involved. As a quick example of the complexities of this law, one of the famous cases in this area is:

Lister v Romford Ice [1957] . A father was knocked down by his son, who was employed by Romford Ice, while backing his lorry in a yard. The employers were vicariously liable for the son's negligence and their insurers met the father's claim. The insurers sued the son in the company's name, exercising their right of subrogation under the contract of insurance. By a majority, the House of Lords held that the son was liable to indemnify the employer and consequently the insurers.

but

This case lead to controversy about insurers forcing employers to sue employees, which would lead to poor industrial relations. Employers' liability insurers later entered into a 'gentleman's agreement' not to pursue such claims unless there was evidence of collusion or wilful misconduct

Bill, I would suggest that you become as familiar as you can be with the terminology of Tort Law, Negligence and Vicarious Liability.

Here is a good place to start Tort Law Essay Writing Resources, Help Guides and Study Aids..

Take legal advice, starting with Defence Legal Services, but do be aware that they represent the MoD's interests. It might be wise to get your own solicitor if you suspect that your interests and theirs are not completely aligned.

Edited to say: Much less legal knowledge then previous poster, so take his advice over mine.

Last edited by Brain Potter; 28th Nov 2008 at 10:46.
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