THE DUTY DOES NOT FLICKER ON AND OFF – ZZZ v Ministry of Defence [2026] EWCA Civ 875: occupiers’ liability, low balustrades, horseplay and the discipline of factual analysis – Exchange Chambers
‘The Court of Appeal has upheld a finding of full liability against the Ministry of Defence after an 18-year-old soldier sustained a significant brain injury when he fell over a low landing balustrade in barracks. In my view, the judgment is important well beyond its military setting. It addresses the proper limits of appellate intervention, the status of a visitor under the Occupiers’ Liability Act 1957, the relevance of current standards to older premises, causation in falls from height, and the evidential burden on a defendant alleging contributory negligence.’
Exchange Chambers, 13th July 2026
Source: www.exchangechambers.co.uk

