Seriously though, does that mean the Mull of Kintyre FAI was in to the passengers and not the RAF crew? It'd explain why MOD thought it could ignore the sheriff
That is a possibility. The recent FAI into North Sea helicopter crash went ahead under the mandated route because civilians were involved. The Glasgow Pub accident will go the same route for the same reason.
Lord Neuberger stated, "
The duty of care owed by the Ministry of Defence, as employer, to the members of the armed forces, as employees, does exist and has been recognised, without demur, by the courts. It includes a duty to provide safe systems of work and safe equipment.".
As Lord Neuberger is the President of the Supreme Court of United Kingdom, of which Scotland is a part, his ruling must cover all legal systems. In the case of the 2012 Tornado accident MoD (
the employer) failed to provide a save system of risk assessment and safe equipment for the three crew members (
employees) who lost their lives. The way forward seems clear to me.
DV