header-logo header-logo

16 October 2019
Issue: 7860 / Categories: Legal News , Personal injury , Damages
printer mail-detail

No justice for veterans

Personal injury lawyers have reacted furiously to plans to block veterans from compensation claims.

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. 

Issue: 7860 / Categories: Legal News , Personal injury , Damages
printer mail-details

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll