An Army major who was seriously wounded in action has branded the Ministry of Defence "despicable" for trying to cut compensation due to two injured servicemen. Lawyers from the MoD are due in the Court of Appeal later to argue that awards given to Anthony Duncan and Matthew McWilliams should be slashed.
Mr Duncan, a soldier in the Light Dragoons, was shot in the leg while on patrol in Iraq in 2005. He had several operations, but the wound left him in constant pain and unable to sleep or carry out "daily activities", according to court documents. He was initially given just £9,250 in compensation, but on appeal was granted a lump sum of £46,000 and a guaranteed weekly payment for life.
Mr McWilliams, a Royal Marine, was awarded £8,250 after fracturing his thigh bone during a training exercise, leaving him with one leg shorter than the other and problems in his other limbs. The award was increased on appeal to £28,750 plus a payment for life on appeal.
The MoD fought the increase, telling the High Court that a line should be drawn between the original injury and later complications - but judges dismissed the argument as "absurd".
This all stems from government penny pinching anyway... I don't see them taking a pay cut or reducing their expense's.. In fact they can now claim up to £775 per month without even producing a receipt. Perhaps our boys should produce the bullet or shrapnel that hit them?
I commented on this on another forum, I thought I'd better post it here too.
The MoD are attempting to place a value on body parts. It's all beginning to sound a bit like Compensatory law which held sway in this country before the Norman invasion in 1066. Ok, so how much for an eye?. What's an eye worth, or a leg, how much is that worth? What they are trying to do, under the guise of 'seeking clarification' is close the door to individual claims and/or disagreements of compensation from servicemen and women in the future. Although I agree that there should be a certain amount of clarification, each case is totally different and must be judged on the 'human cost and suffering' involved and NOT looked up in a table and then put away forever regardless of the circumstances of the individual, which is just what the MoD/Civil Service would love to happen.