ORAC
16th Aug 2019, 06:20
The Times: https://www.thetimes.co.uk/article/outcry-over-plan-to-curb-compensation-for-injured-troops-vrq8lcpgb
Outcry over plan to curb compensation for injured troops
The Ministry of Defence has been accused of betraying British troops with plans for “back door” legislation to curb injury compensation claims.
Veterans and lawyers have warned that thousands of servicemen and women (https://www.thetimes.co.uk/topic/armed-forces) who have suffered life-changing physical and mental trauma could be blocked from seeking compensation under the plan. Claims must normally be brought within three years of the date of an injury, or the date on which the individual became aware of a cause of an injury, although courts can extend that period. The MoD wants to impose a “longstop” time period beyond which claims cannot be made. A ten-year limit is suggested although it could be shorter or longer.
The proposal is contained within a consultation that is primarily focused on protecting veterans from historical claims. In it, the MoD states that it is “very difficult to assess such compensation claims in a fair and proportionate manner”. It adds: “Records are rarely sufficiently detailed to be able to disprove specific allegations, and the memories of those involved in incidents fade over time.”
The ministry insisted that the move was not designed to stop the government being held accountable for injuries or deaths, but “should ensure that claims are brought promptly”. However, campaigners pointed out that many mental health issues sparked by traumatic experiences on the battlefield can take years to materialise and to diagnose.
Hilary Meredith, director of Hilary Meredith Solicitors, which specialises in military cases, accused the government of “a cynical attempt to abandon the brave men and women who have served their country — sometimes with their lives — abroad”.
Simon Ellis, head of the military team at Hugh James solicitors, said the proposal amounted to an attempt by the ministry to “place itself outside the reach of the court”.
An MoD spokesman said: “The proposed longstop will not prevent armed forces personnel from being able to access the compensation they deserve. The plans will help stop lawyers cashing in on the public purse, while continuing to ensure that personnel access compensation, even for illnesses which may occur years after an event.”......
Outcry over plan to curb compensation for injured troops
The Ministry of Defence has been accused of betraying British troops with plans for “back door” legislation to curb injury compensation claims.
Veterans and lawyers have warned that thousands of servicemen and women (https://www.thetimes.co.uk/topic/armed-forces) who have suffered life-changing physical and mental trauma could be blocked from seeking compensation under the plan. Claims must normally be brought within three years of the date of an injury, or the date on which the individual became aware of a cause of an injury, although courts can extend that period. The MoD wants to impose a “longstop” time period beyond which claims cannot be made. A ten-year limit is suggested although it could be shorter or longer.
The proposal is contained within a consultation that is primarily focused on protecting veterans from historical claims. In it, the MoD states that it is “very difficult to assess such compensation claims in a fair and proportionate manner”. It adds: “Records are rarely sufficiently detailed to be able to disprove specific allegations, and the memories of those involved in incidents fade over time.”
The ministry insisted that the move was not designed to stop the government being held accountable for injuries or deaths, but “should ensure that claims are brought promptly”. However, campaigners pointed out that many mental health issues sparked by traumatic experiences on the battlefield can take years to materialise and to diagnose.
Hilary Meredith, director of Hilary Meredith Solicitors, which specialises in military cases, accused the government of “a cynical attempt to abandon the brave men and women who have served their country — sometimes with their lives — abroad”.
Simon Ellis, head of the military team at Hugh James solicitors, said the proposal amounted to an attempt by the ministry to “place itself outside the reach of the court”.
An MoD spokesman said: “The proposed longstop will not prevent armed forces personnel from being able to access the compensation they deserve. The plans will help stop lawyers cashing in on the public purse, while continuing to ensure that personnel access compensation, even for illnesses which may occur years after an event.”......