Military injury claims (including AFCT)
3PB has a well-known team of barristers who specialise in military compensation claims brought by those injured during the course of their service with the Army, Navy and RAF (this includes civilians employed by NAAFI and the MoD).
Since 1987 military staff have been able to make a claim as a result of an incident in the UK or overseas for personal injury if the MoD has failed in a duty of care, or to provide staff with appropriate training, equipment and a safe place of work.
To make a successful compensation claim for an injury, disease or illness claimants must show that it was caused at least in part by someone else’s negligence. In a military compensation case that “someone else” is likely to be the MoD, but it may also be a third party contracted by the MoD to provide services or equipment.
It is a complex area of law, but our team has extensive experience in dealing with all types of military injury:
- Non-freezing cold injuries
- Cold injuries including trench foot, hypothermia and frostbite injuries sustained during training exercises
- Serious head or spinal injuries caused by the negligent use of firearms, falls from height or crush injuries
- Accidents involving military vehicles
- Injury on operations or on exercise
- Bullying and assault
- Post traumatic stress disorder (PTSD)
- Compartment syndrome
- Hearing loss
- Medical negligence by armed forces personnel
- Negligent medical downgrading
- Failure in diagnosis and to observe medical limitations
- Delay in medical treatment
- Road traffic accidents involving armed forces personnel both in the UK and abroad
- Personal injury caused by defective or inappropriate equipment
- Exposure to toxic substances including chemical agents, asbestos and toxic waste
We are also familiar with military pay, job responsibilities/duties and career structures, medical grading systems and combat immunity.
3PB barristers also act in Armed Forces Compensation Scheme (AFCS) claims. We will often work on such claims alongside a civil claim.
Sometimes claimants may have legal expenses insurance as part of an existing policy, such as your household contents cover. If so, you can choose to instruct the solicitor and barrister you want, even if it is not on your insurer’s panel.
Our Personal Injury Barristers...
-
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 Webb, 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...
Continue reading -
3PB barrister Antonia Jameson (1999 call), who now specialises in personal injury, clinical negligence and inquests, has returned to 3PB, having spent 12 years away from the Bar as a full-time mother. She will again practice from 3PB’s Bournemouth office, but her caseload is covering the whole of the UK. Antonia, pictured here, has a practice encompassing advocacy and advisory work for both claimants and defendants. She has always represented a wide variety of clients,...
Continue reading -
3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...
Continue reading
Remarkable strength in depthLegal 500