Military
12KBW has a team of silks and juniors who specialise in military claims. We have been instructed in numerous high-profile cases in this field including:
- The Snatch Land Rover and Challenger 2 litigation;
- Inglis v MoD [2019] EWHC 1153 (QB): seminal judgment on claims for disability and
disadvantage on the open labour market arising out of noise-induced hearing loss; - Alseran & Others v Ministry of Defence [2017] EWHC 3289: claims brought under the HRA
1998 and in Iraqi law by Iraqi civilians who allege that they were assaulted and unlawfully
detained by UK military personnel during the invasion of Iraq in 2003; - Inquest following the loss of Nimrod XV230: RAF aircraft crash in Kandahar in 2006 with 14
crew members on board, the largest single loss of military life since the Falklands War; and - Radclyffe v MOD [2009] EWCA Civ 635: a Court of Appeal decision confirming that general
service ethos can amount to a ‘soft order’ for which the Ministry may be vicariously liable
where it amounts to a breach of duty and leads to foreseeable loss.
Members of Chambers are presently acting in several group actions in which over 3,000 current and former military personnel are bringing claims against the MoD in respect of noise-induced hearing loss, non-freezing cold injuries, and/or PTSD sustained during service.
We are instructed in relation to all manner of injury claims brought by service personnel, including claims arising out of training injuries, clinical negligence on the part of military medical personnel, bullying and harassment, and physical / sexual assault. In addition, 12KBW has considerable experience in actions brought by third parties against the MoD for the tortious acts of service personnel abroad.
Members of Chambers are adept at advising on the legal issues that commonly arise in military claims, including combat immunity; limitation; the applicability of the six-pack regulations abroad / post October 2013; jurisdiction and applicable law; the calculation of loss of military earnings and allowances; and the operation of the Armed Forces Pension Schemes (AFPS 75, 05 and 15).
We have unrivalled knowledge of the MoD’s generic policies for minimising the risk of service personnel suffering personal injuries and are familiar with many of the medico-legal and employment experts specialising in military claims.
Members of Chambers have personal experience of serving in the Armed Forces and Reserve Forces.
