Wounded soldiers to be awarded millions

Discussion in 'Current Affairs, News and Analysis' started by Iolis, Dec 10, 2006.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. An Article from the Sunday Telegraph


    Even assuming that the report seeks to reflect reality, then those who seek to rely on the advice of 'Government lawyers' may as well not bother.

    Government lawyers are employed by the government against whom those affected seek redress.

    Imagine an accused person who seeks legal advice from the prosecution. Imagine a litigant seeking to sue an employer who seeks legal advice from the lawyer representing the employer!

    I well remember processing criminal injuries compensation for soldiers injured on OP BANNER during the late 1980s. All were advised by government lawyers (processed through ALS) and all, regardless of their injuries, were all offered the same amount!

    They were glad of the money at the time, but, twenty years on when the superficial injury of limbs led to mobility problems of men now in their fifties and some in their sixties, their 'easy money' and 'easy settlement' left them unable to pursue a further claim!

    Don't be seduced by Government Lawyers. Remember who employs them and who pays their wages!

    Seek independent legal advice!

    If you do not then you deserve everything you get!

    Regards and best wishes
  2. Some of you will remember this:


    which was a complete and utter disgrace.

    The revised scheme is still capable of producing similar anomolies especially in terms of the burdern of proof, abatements and timescale for lodging claims.

    Behind it all is the Treasury and the MoD seeking to make what is now on offer "cost neutral" by offsetting any payouts against other benefits that are or were available.

    As ever, if it seems too good to be true, it usually is.

    Seek advice from support organisations and get your own legal advice
  3. Did Sergeant Walker receive compensation from the UN, did he receive the same compensation as those coming back from Iraq or AFG, did he get no compensation ant all?? What is (or was) the compensation rate from the UN???
  4. I know only what is in the public domain. But the fact that MoD was prepared to go to such lengths speaks volumes about the mindset that prevailed and still does, no matter how it is spun.

    Service Personnel: Criminal Injuries Compensation (Overseas) Scheme

    Lord Morris of Manchester asked Her Majesty's Government:

    What further consideration they are giving to the issue of compensation for ex-servicemen and women, in particular to those who fall foul of the rules of the criminal injuries compensation (overseas) scheme, as exemplified by the case of Sergeant Trevor Walker, Royal Engineers, who lost a leg while serving on peacekeeping duties in Bosnia and has been denied compensation for this injury under current rules.[HL3358]

    Lord Bach: There are no plans to amend the criminal injuries compensation (overseas) (CIC(O)) scheme rules. This scheme exists to provide compensation for sevice personnel injured as a result of a criminal act while serving overseas. The CIC(O)'s provisions mirror those of the criminal injuries compensation schemes of Great Britain and Northern Ireland and thus ensure that service personnel serving abroad are placed in the same position as those serving in the United Kingdom.

    Sergeant Trevor Walker's injuries were the result of military activity by warring factions in Bosnia. Since this was not a "criminal act" within the terms of the CIC(O) scheme, he was not eligible for compensation under the scheme. This judgment has been upheld by the Divisional Court, Court of Appeal and the House of Lords. In circumstances such as Sergeant Walker's, compensation would normally be through the payment of benefits for attributable injury under the war pension scheme (WPS) and the armed forces pension scheme (AFPS) on medical discharge. Sergeant Walker currently remains in service. He will be entitled to receive a war pension on retirement. He will also receive compensation under the AFPS if he is subsequently medically discharged as a result of his injury.

    The Ministry of Defence has been conducting a review of compensation arrangements for service personnel and the proposals for a new compensation scheme (to replace the WPS and attributable benefits

    House of Lords Hansard
    27 Mar 2002

  5. So, rather than a seeker of the truth You are an agent prvocateur??
  6. When you consider the MOD paid some old tart of an officer a large sum of money in compensation for being sacked for getting pregnant ....despite the fact it was in the terms of her contract and she was well aware of the rule and obviously had failed to take reasonable precautions ......This is really fukking outrageous .... Seems the PC brigade have more sway at the MOD ( Ministry of D'heads ) than others !! :x
  7. Trev got nothing from the UN.
    IIRC, If the Government had paid out a sum as compensation the UN would have refunded the Government the same amount. :evil:

    There was a lot of legal mumbo jumbo surrounding this and I believe Trevs legal team is still pursuing it.

    Good luck Trev and D. :)

  8. Are You talking about the military exemptions to the Criminal Injuries or Sergeant Walker. So long as the soldier concerned gets his money then I cannot see the controversy.

    Of course, if Sergeant Walker DIDN'T get compensated for his wounds then I agrree, it is outrageous
  13. Will the equivalent sum of any award of criminal compensation will be deducted from other payments made?
  14. I cannot see the soldiers winning their case given the precedence set under law.