Landmark ruling for families of dead soldiers to sue MoD for negligence22nd Oct 2012
Last Friday saw a landmark decision at the Court of Appeal which stated that claims for damages could be pursued against the Government on grounds of negligence.
The families of four soldiers who died in Iraq have accused the Ministry of Defence of failing in their duty of care to provide suitably protective equipment and training for their soldiers.
Brian Parsons, a personal injury executive at Dorset based Coles Miller is a serving member of the Reserve Forces and has been deployed on combat operations in Iraq and Afghanistan.
Commenting on this recent decision Brian says: "It has been long established that the MoD can be sued for negligence as they have a duty of care to our troops. There are however certain defences available to the MoD like 'combat immunity', which prevents soldiers from claiming compensation for injuries they received in combat except under official compensation schemes"
"This decision will be appealed by both sides but if the decision is upheld it will allow service men and women or their families the opportunity to make a claim for compensation where injury and death has occurred inside as well as outside the theatre of operations"
"Our thoughts go out to the families of the soldiers that unfortunately died but it is also vital that these families are properly compensated for deaths caused by the negligence of others."