The Ministry of Defence’s attempt to cut personal injury compensation of two British soldiers has failed.
The court of appeal reviewed the MOD’s argument, which stated that the servicemen should not have been awarded personal injury compensation for any future complications that may arise through their treatment.
Instead, they believe that the soldier’s original personal injury compensation payouts were sufficient in that they covered the actual injuries sustained to them whilst on service.
The MOD’s challenge to the personal injury compensation the soldiers eventually received caused controversy and anger among the families of the wounded.
Light Dragoon Corporal Anthony Duncan originally received £9,250 after being shot in Iraq. This was increased to £46,000 however after he took the case to a compensation tribunal. Similarly, Marine Matthew McWilliams was awarded £8,250 after fracturing his thigh in an army training exercise. This was later increased to £28,750.
However, the Ministry of Defence opposed the increase in personal injury compensation, and took the decision to an appeals court.
Their failure to have the decision overturned has delighted supporters of the soldiers. The Royal British Legion has declared the result as “a tremendous win for the compensation rights of our brave wounded soldiers.”