The government proposes to restrict claims against armed forces veterans by ending judicial discretion to override the three-year limitation period and introducing a no-fault compensation scheme to stop claims from going to court. The Ministry of Defence (MoD) consultation, ‘Legal protections for armed forces personnel and veterans serving in operations outside the UK’, which sets out the proposals, emphasises the stress on veterans and their families where lengthy claims relating to overseas conflicts are brought by civilians, which it dubs ‘lawfare’. The consultation closed last week.
However, lawyers point out that the proposed legislation would also prevent injured armed forces personnel and veterans from seeking compensation from the MoD in the courts.
Gordon Dalyell, president of the Association of Personal Injury Lawyers, said: ‘The MoD’s message is clear.
‘Injured veterans are a burden it wants to shake off as quickly as possible. These are not injuries sustained in battle. They are needless injuries which could and should be avoided and there are many valid reasons why an injured person might wait ten years before seeking compensation.
‘The true damage of post-traumatic stress disorder, or asbestos exposure, for example, can take years to manifest. There is no justification for why the MoD should be excused from its responsibilities to suffering veterans. The employers of civilians are held to account, it would be perverse for our veterans and serving personnel to be denied the same access to justice.’
The MoD consultation also proposed a commitment to derogate from the European Convention on Human Rights before future conflicts.
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