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16 October 2019
Issue: 7860 / Categories: Legal News , Personal injury , Damages
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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
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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