Solicitor settles £1 million worth of armed forces claims
Solicitor settles £1 million worth of armed forces’ claims
A DORSET solicitor who has settled £1 million worth of armed forces’ cases so far this year says a shortage in service personnel is leading to a rise in negligence claims.
According to Nigel Arthur, of Ellis Jones Solicitors, the demands on the services in ‘theatre’ areas such as Afghanistan are resulting in an increase in his case load.
Members of the armed forces cannot claim compensation in the civil courts for injuries sustained in combat. These are covered by the controversial Armed Forces Compensation Scheme which is currently under review.
But they can take action for negligence if they suffer a personal injury while undergoing training or on exercise outside the combat arena.
Mr Arthur, who has handled cases involving the special forces, is currently working on three claims being contested by Ministry of Defence (MoD). Some of his previous cases have settled for six-figure sums.
“The MoD takes cases right to the door of the court. It will do everything possible to avoid settling in advance,” said Mr Arthur, who is one of only a small number of solicitors in the UK handling such highly specialised work.
“I had one case where 15 separate witnesses were called to give evidence, literally flying in from different parts of the world. The MoD had every opportunity to settle in advance but they waited until the very last minute before attempting to settle at the door of the court on the question of liability.”
Mr Arthur, who qualified as a solicitor in 1980 and also specialises in medical negligence and personal injury litigation, said conflicts, such as Afghanistan, had placed heavy demands on the armed forces.
“The shortage of service personnel has led to greater demands on those remaining and the military generally. Cases involving the special forces, in particular, are by their nature difficult and complicated but the work is immensely satisfying. A successful outcome can help people rebuild their lives,” he said.
Mr Arthur said some of the MoD cases took up to five years to resolve but his admiration for the armed services knew no bounds.
“The servicemen and women I deal with have the old fashioned values that many of us still cherish. Discipline, professionalism, comradeship and trust. A friend who is a soldier is a friend indeed,” he said.
