Military Personal Injury Compensation Payments Are Not Enough
Type
E-journal
Date
6 Nov 2009
Jurisdiction
Iraq, UK, Afganistan
Taxonomy
Armed Forces, Damages in Personal Injury, Establishing a Personal Injury Claim, Types of Personal Injury Claim
Copyright
LexisNexis
Legal reference
SI 2005/439
Cases reference
Duncan and another v Secretary of State for Defence [2009] EWCA Civ 1043, [2009] All ER (D) 121 (Oct)
Associated digest links
Personal Injury: Casualties of War LNB News 26/10/2009 42
Analysis
The Court of Appeal has quashed attempts made by the MoD to cut the amount of compensation awarded to two wounded soldiers in Duncan v Secretary of State for Defence. Selena Masson speaks to military law expert Anthony Paphiti of Aspals Consultancy about why the compensation payments were insufficient
The treasury solicitor instructed Landmark Chambers' Nathalie Lieven QC to fight an earlier ruling that would have seen compensation payments made to light dragoon corporal Anthony Duncan and marine Matthew McWilliams raised significantly.
Military law expert Anthony Paphiti of Aspals Consultancy tells LexisNexis News there was a great outcry at the miserly compensation payment made to the two servicemen injured serving their country in comparison with the large payouts made to those who had never handled anything more dangerous than an office typewriter.