Tom Webb successful in Armed Forces Compensation Scheme case in the Court of Appeal

26th February 2024

The Court of Appeal on Friday 23 February handed down judgment in the matter of Pearson v Secretary of State for Defence [2024] EWCA Civ 150. The decision can be viewed online here.

3PB’s Tom WebbTom WebbCall: 2010, instructed by Sarah Dureau of Parker Bullen Solicitors, represented the successful appellant.

The case concerned the Armed Forces Compensation Scheme (AFCS); a no-fault scheme that compensates members of the forces for injuries or illness caused by their service.

In issue was the correct interpretation of the “Mental Disorders” tariff for those living with permanent mental health conditions. It will be of importance for example, to those who have developed PTSD as a result of their service. The Court of Appeal has confirmed that both regularity and trajectory of work should be considered in applicable cases.

It remains to be seen whether the Secretary of State will undertake a review of existing awards made under this tariff, given the new guidance as to its application. Article 59 of the scheme (“Review – ignorance or mistake”) may apply and would potentially give those with an existing award, grounds to apply for review. As a result, the decision will make for useful reading to those who have already received an award under the Mental Health tariff, as well as those presently making or considering applications.

Tom is a member of 3PB’s personal injury, clinical negligence and costs teams. He represents service-members in AFCS hearings at all levels from the First-tier Tribunal upwards.

To contact Tom, or to instruct him or see about his availability, please email his clerk Edd Holdstock on [email protected] or call on 01962 868 884.