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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll