HELD: (1) There was no breach of duty on the part of D towards M. The leaders held the appropriate qualifications to lead the climb on the mountain, including the Herzl Terrace and had extensive practical experience. They did not need an Alpine mountaineering qualification to do so. It was not unreasonable for them to have made an attempt on the summit by their chosen route particularly as it was an established route. At all material stages there was a proper appraisal and assessment of risk and that was kept under continuous review by the leaders. Although the climb was ambitious and challenging it was not beyond M's competence (see paras 58, 120 of judgment). (2) The manner of the final climb on Herzl Terrace was appropriate despite the presence of loose rock. It was reasonable for the leaders to carry on with the climb despite the loose rock provided that they had that danger in mind and took all reasonable steps to minimise any risk arising from rock fall. Neither parallel climbing nor climbing to the full extent of the rope was inappropriate and neither caused or contributed to the accident. The leaders had not been negligent in the way in which they climbed the final pitch. It was impossible to say with certainty what triggered the rock fall (paras 95, 112, 120). (3) A fuller reconnaissance of Herzl Terrace would not have led to any different course of action on the day. There was not such an obviously more serious risk of injury as to make it necessary to choose an alternative route. It was a tragic accident which was not caused by any negligence on D's part (paras 122-123).
PERSONAL,INJURY,ARMED,FORCES,NEGLIGENCE,ARMY,BREACH OF DUTY OF CARE,FALLING OBJECTS,MOUNTAINS,RISK,ASSESSMENT,CLIMBING EXPEDITIO
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