Ministry of Defence claims: never straightforward, often contested
- AuthorKate Sweeney
Claims against the Ministry of Defence (MoD) are typically fraught with complexities and the MoD is notorious for denying liability and appealing decisions. But this should not put off potential claimants pursuing compensation.
A former solider badly injured in the line of duty has recently been granted permission to pursue the MoD for negligence, but it wasn’t without a legal fight.
Dan Twiddy suffered facial injuries when his tank was mistakenly fired at by another British tank in Basra, Iraq in 2003. His colleague was killed in the same incident and another was seriously injured.
Lawyers representing the two soldiers and the deceased’s widow put forward a case suggesting that the MoD was negligent because they hadn’t put in place the correct specialist battlefield identification gear in order to prevent their tank being fired at by the same side.
The MoD argued that issues surrounding battlefield equipment were not under their remit. But at the beginning of this month, the High Court ruled that claims for negligence could be pursued. However, the MoD has said it will appeal the decision.
Last month it was reported that a former Lancashire soldier was awarded a £40,000 compensation payout after suffering lasting hearing damage during shooting practice. The 20-year old was told to participate in a training exercise involving hand grenades and machine guns. But because of a shortage of safety equipment, he was only given one ear plug. He immediately knew his hearing had been affected and now suffers from tinnitus.
On this occasion, the MoD agreed to settle out of court, awarding the soldier £40,000 in personal injury compensation.
Pursuing a Ministry of Defence compensation claim
When pursuing a claim against the MoD, specialist lawyers with very specific expertise offer tenacious representation and steadfast determination to achieve a settlement that is just. It’s vital to engage the very best lawyers in this notoriously difficult area of injury compensation law.
If you would like to launch a claim against the MoD, here at Stephensons we have dedicated MoD claims specialists with the high level expertise needed to take the case all the way. Talk to us today in complete confidence by calling 0844 245 6601.
By personal injury solicitor and Stephensons’ Partner, Kate Sweeney