Tri-Service

Armed Forces Promised "Better" Compensation

Servicemen and women are to be offered more compensation for combat injuries, as part of government efforts to cut lawsuits.

The new compensation scheme would also apply to families of those killed in action.

The government says under the new scheme payments would be equal to the 'often larger' amounts paid out in court cases, but without the stress and cost of legal action.

In some cases that could be hundreds of thousands, or even millions of pounds.

But ministers would also tighten the law to make it harder for injured personnel or bereaved relatives to bring a negligence claim in court.

The principle of 'combat immunity' currently exists in common law, but the government will create a written legal definition to specify where and when that principle applies.

The Defence Secretary, Sir Michael Fallon, said:

"Our Armed Forces put their lives on the line to keep us safe. This new scheme will mean more generous payments to anyone injured - or the families of those who are killed - in combat. By making these changes we will put more money into compensation and remove the stress of lengthy legal action."

A 12-week consultation on the plan has just opened, with the government hoping to put the new scheme into practice as quickly as possible.

It would operate alongside the existing Armed Forces Compensation Scheme (AFCS), and would apply only to injuries and deaths in combat.

One of the questions for the consultation is how combat is defined.

The older AFCS would still be used for things like serious illnesses on operations, and injuries in training.

A large part of the reason for the new scheme is to stop the Ministry of Defence constantly getting dragged through the courts.

A string of claims alleging negligence on the battlefield has got ministers and commanders worried that operational effectiveness will be undermined, with the risk of legal action having to be factored into operational decisions.

"Clarifying combat immunity and offering better compensation will remove the need for legal action and the courts will no longer have to second guess military decisions. This will allow our Armed Forces to do their job knowing they, or their families, won’t have to go to court for compensation in the case of injury or death in combat."
- Sir Stuart Peach, The Chief of the Defence Staff

Servicemen and women are being urged to have their say in the consultation, which closes on the 23rd February.