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#duty #law #negligence #tort
In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed. The victims were servicemen killed and injured in friendly fire who contended that the Ministry of Defence had breached a duty of care to provide equipment that would have prevented the incident. Combat immunity has not previously been extended as far as these decisions that were taken long before the incident, so the claim was not struck out.
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