Military Case 3

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A serving member of the armed forces developed noise induced hearing loss and tinnitus, as a result of his exposure to noise produced by gun fire and detonation of explosives, while on tour of duty in Iraq, and when taking part in training exercises back in the UK.

Often, he was either not issued with any hearing protection at all or was asked to remove the protectors he was wearing, so that he could hear the commands of the officers in charge.

As a result of his condition, he was medically retired from the army, subsequently qualifying for a lump sum gratuity under the Ministry of Defence Armed Forces Compensation Scheme.

He later brought a civil action against the MOD, claiming the following heads of claim:

  • Damages for pain and suffering and loss of amenity
  • Damages for loss of earnings, pension and prospects of promotion to the rank of warrant officer.
  • Interest
  • Costs

Initially, the MOD denied that it was at fault, raising the defence of combat immunity and limitation, but before the case got to trial, they formally admitted that they breached their duty of care to the Claimant.

Following a joint settlement discussion between the parties, the Claimant accepted the sum of £655,000 in damages

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