Earlier this year, towards the end of June, senior UK judges were requested to attend a closed door discussion in order to decide whether or not relatives of soldiers who had been killed in the war could claim compensation from the government. All three of the judges which were requested to debate on the topic were from the Court of Appeal and are still now in talks about whether people can claim compensation for loss or not. The three judges were Lord Justice Rimer, Lord Justice Moses and the Master of the Rolls which is currently Lord Neuberger. The trio will hear arguments from lawyers and why their clients should be able to claim compensation. The lawyers are essentially representing relatives of the deceased and also the defending party which is the Ministry of Defense.
The move has happened as the issues surrounding the U.K.’s ‘compensation culture’ are in full swing and debate. Compensation claim experts are saying that the decision made by the trio of Court of Appeal judges could also potentially affect personal injury claims for servicewomen and men who sustained personal injuries in the war. Some discussion on whether or not personal injury compensation claims could be made had been taking place a year prior in June 2011 but the High Court judge ruled that relatives were not able to attempt compensation claims under human rights legislation. However, compensation claims, personal injury or otherwise, could be pursued if negligence was involved on the part of the militarily.
A number of negligence compensation claims were subsequently initiated. One of the negligence compensation claims was for the death of a 35 year old corporal who was caught up in a friendly fire incident in Iraq. The soldier whose life was taken was from Stoke-on-Trent in Staffordshire and he died after a Challenger 2 tank was hit by a second Challenger 2 in the friendly fire incident. A 21 year old Private from Tamworth in Staffordshire met a similarly tragic end and the families of both of these soldiers initiated negligence compensation claims against the military.
The decision of whether or not these family members can claim compensation is a tricky one. Family members are stating that the Ministry of Defence could have provided armoured vehicles and other armoured equipment which would have saved the lives of their family members, or at least reduced the cases into personal injury. However, the Ministry of Defense has stated that the choice of equipment used in the battlefield was to be made by politicians and military commanders and there was not much that it could change.
Jim Loxley is a Director at claims specialist, My Compensation. The My Compensation website is full of information on claiming compensation.
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