Summary of Recent Cases – Substantive Law

Patterson v Ministry of Defence [2012] EWHC 2767 (QB), [2012] All ER (D) 127 (Oct)

The claimant was a soldier who successfully pursued an action against the MoD in respect of a non-freezing cold injury (NFCI) sustained when he was deployed for cold-weather training in Norway. This was a costs case in which the key question was whether NFCI was a ‘disease’ for the purposes of CPR 45. If NFCI were found to be a ‘disease’ for the purposes of that Part, rather than a ‘bodily injury,’ then a more generous uplift on the claimant’s costs would be payable by the Defendant.

On the claimant’s appeal from a master, Males J held that NFCI was not a ‘disease’ for the purposes of CPR 45, since it was not caused or contributed to by any virus, bacteria, noxious agent or parasite. It was a condition which was caused when blood failed to reach the cells in particular parts of the patient’s body. Accordingly the condition could not be regarded as a ‘disease’ for the purposes of CPR 45.

November 23, 2012 В· Editorial Team В· Comments Closed
Posted in: Cases