McHale & Co. Solicitors Blog

Crown Immunity for armed forces?

Some are calling for the government to take action to reinstate crown immunity for injuries to the military.

The free-market think tank believes a new form of 'judicial imperialism' should urgently be reversed, according to the Policy Exchange report, co-authored by strategy consultant and Territorial Army officer Tom Tugendhat. The report urges the government to revive Crown Immunity from actions under Crown Proceedings (Armed Forces) Act 1987 and amend the Human Rights Act 1998 (article 2) to prevent claims sustained on operations. The report concludes that 'if war is too important to be left to the generals then surely it is too important to be left to the judges.'

Claims against the Ministry of Defence are a specialist area. Malcolm Horner, Head of McHale and Co Personal Injury Department acted for a Major in the Territorial Army who was badly injured in a tank manoeuvre caused by the alleged negligence of a colleague which led him to become wheelchair bound. After several years litigation he was eventually awarded circa £1 million. Surely it would not be fair on a serving officer to be denied the appropriate compensation to help rebuild his life.

The right to claim compensation through the civil courts should remain. Members of our armed forces should know that if they are injured through somebody else's fault they will be properly compensated enabling them to have some quality of life thereafter.

Categories: Personal Injury

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