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Hopps v (1) Mott MacDonald (2) Ministry of Defence

[2009] EWHC 1881 QBD


Held: it was not negligent for the Army or a civilian company to transport civilian employees in un-armoured Land Rovers in Basra in  October 2003. Taking into account the level of risk and the urgency and desirability of the emergency infrastructure projects, it was not negligent to transport the Claimant in an ordinary Land Rover.

Also, that the emergency reconstruction of Iraq following the 2003 Iraq war was a "desirable activity" for the purpose of section 1 of the Compensation Act 2006, and took into account the possible deterrent effect a finding of liability might have on future such activities.  Section1 applied to the Claimant's claim despite the fact that the incident occurred nearly 3 years before that Act came into force.