header-logo header-logo

16 February 2017
Issue: 7734 / Categories: Legal News
printer mail-detail

Combat immunity plans attacked

Lawyer warns of “real risk that safety standards will fall” under MoD proposals

The lawyer who successfully sued the Ministry of Defence (MoD) in the “Snatch Land Rover” case has hit out at MoD proposals on “combat immunity”.

An MoD consultation, Better combat compensation, due to close on 23 February, proposes to widen the common law concept of “combat immunity”. It would introduce a “no fault” compensation scheme for injured soldiers and families of those killed, but service personnel would not be allowed paid legal representation when losses and compensation are assessed. The MoD’s current duty of care to service personnel would be abolished, preventing legal claims for negligence from being brought to court.

“The impact, and possibly the intention, of this change is to protect the MoD from scrutiny by the courts regarding equipment failures,” said Jocelyn Cockburn, partner at Hodge Jones & Allen. Cockburn represented the families of soldiers killed in Snatch Land Rover vehicles in Iraq to bring claims for damages under the Human Rights Act and in negligence, in a 2013 Supreme Court case that secured a duty of care for all British troops on active service abroad.

“If the MoD are immune from legal action there is a real risk that safety standards will fall. During the course of the Snatch Land Rover litigation the government tried to persuade the court not to impose any duty on the MoD to protect its troops,” Cockburn said. “This argument failed and was patently unreasonable. Parliament should give any such Bill short shrift.”

In the foreword to the MoD consultation, defence secretary Michael Fallon says that only a minority of claims arise out of combat but, when they do, judges are required to “second-guess military decisions”. This could weaken the Armed Forces’ readiness to take necessary risks, he said.

Human rights in the battlefield have come under the spotlight in recent weeks with the MoD’s decision to close down the Iraq Historic Allegations Team Inquiry, which was pursuing around 3,500 allegations of abuse and torture of Iraqi civilians by British troops, none of which were proven. The vast majority of the claims were brought by the disgraced former Public Interest Lawyers partner Phil Shiner, who has now been struck off for acting dishonestly in bringing false claims.

Issue: 7734 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll