Claims
Annual Report
2013/2014
JULY
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SECTION ONE ............................................................................................................................................ 2
ORGANISATION ........................................................................................................................................... 2
RESPONSIBILITIES ....................................................................................................................................... 2
POLICY AND PROCEDURES .......................................................................................................................... 2
PERIODIC PAYMENTS .................................................................................................................................. 3
THIRD PARTY ACCIDENT SCHEME (TOPAS) ............................................................................................... 3
MARITIME CLAIMS ..................................................................................................................................... 5
LOW FLYING MILITARY AIRCRAFT CLAIMS ............................................................................................... 7
VISITING FORCES CLAIMS .......................................................................................................................... 7
FINANCIAL RECOVERIES ............................................................................................................................. 8
SECTION THREE ....................................................................................................................................... 9
COMBAT IMMUNITY ................................................................................................................................... 9
RADIATION COMPENSATION SCHEME ....................................................................................................... 10
SECTION FOUR ........................................................................................................................................ 12
SECTION FIVE .......................................................................................................................................... 13
THIRD PARTY MOTOR CLAIMS - UK ........................................................................................................ 13
THIRD PARTY MOTOR CLAIMS - OVERSEAS (NOT DEALT WITH BY ACOS) ............................................... 13
UNINSURED LOSS RECOVERY ................................................................................................................... 13
SECTION SIX ............................................................................................................................................ 15
SECTION SEVEN ...................................................................................................................................... 16
AREA CLAIMS OFFICE AFGHANISTAN ...................................................................................................... 16
AREA CLAIMS OFFICE (NORTH WEST EUROPE) (ACO (NWE)) ............................................................... 16
AREA CLAIMS OFFICE CYPRUS ................................................................................................................. 17
AREA CLAIMS OFFICE SOUTH ATLANTIC ISLANDS ................................................................................... 17
SECTION EIGHT ...................................................................................................................................... 19
INSURANCE ............................................................................................................................................... 19
INDEMNITIES ............................................................................................................................................ 19
INCOME GENERATION............................................................................................................................... 20
ANNEX A .................................................................................................................................................... 21
1
Section One
Introduction
Organisation
1.1
Claims brought against the Ministry of Defence for compensation at
common law (other than those arising out of contract disputes) are dealt with by
the Claims Unit within the Department’s Directorate of Judicial Engagement
Policy, or by contractors operating in accordance with instructions provided by
the Claims Unit. . Details of the staffing and work of the Claims Unit are at
Annex A.
Responsibilities
1.2
In addition to being responsible for processing common law compensation
claims, the Claims Unit also has a number of other responsibilities such as
providing claims policy advice, handling claims against foreign forces based in
the UK and providing advice on insurance and indemnities. .
1.3
Area Claims Officers (ACOs) and their staff are located in areas where
there is a sizeable defence presence – Afghanistan, Cyprus, North West Europe,
and the South Atlantic Islands. ACOs are accountable to the appropriate Civil
Secretary, but have a professional responsibility to the Head of the Claims Unit.
Policy and Procedures
1.4
When compensation claims are received they are considered on the basis
of whether or not the Ministry of Defence has a legal liability to pay
compensation. .The Department is not empowered to make ex gratia payments
where it does not consider that a court would consider it liable: it may do so only
with Treasury authorisation, and this is very rare. The only major exceptions to
this rule relate, as explained below, to claims arising from low flying and to
certain claims settled in theatre by Area Claims Officers.
1.5
The amount of compensation paid is determined by common law
principles which, broadly, take account, as appropriate, of an individual’s pain
and suffering, degree of injury, property losses, past and future financial losses
2
and level of care required. Advice is sought where necessary from Treasury
Solicitor’s Department, and the Department’s commercial claims handlers’ panel
solicitors for cases brought in England and Wales; the Crown Solicitor in
Northern Ireland; and Morton Fraser Solicitors, the Department’s legal adviser in
Scotland. Counsel are also consulted on high profile or complex cases or where
a point of law needs to be explored. The majority of cases are settled through
negotiation without claimants having to take the Ministry of Defence to court.
Periodic Payments
1.6
The usual method of payment following settlement of a compensation
claim is by the payment of a single lump sum. A periodic payment, by contrast, is
a regular payment made on a monthly, quarterly or annual basis, often in
addition to a conventional lump sum. The periodic payment can be made by way
of an annuity purchased in the marketplace or, in the case of Government
Departments and the National Health Service Litigation Authority, on a self-
funded basis. The Courts now have the power to impose periodic payment
settlements and must consider in every case involving future pecuniary loss
whether periodic payments are a suitable means to pay all or part of the
damages
2011/12
2012/13
2013/14
Total number of cases in which periodic
42
41
42
payments are made
Total payments each year
£2,416,117 £2,406,279 £2,930,000
Third Party Accident Scheme (ToPaS)
1.7
If Ministry of Defence employees are injured in any type of accident
caused by a third party (e.g. a member of the public or a contractor) whilst they
are on duty, it is their own responsibility to pursue a common law claim for
compensation against that third party without any assistance or involvement by
the Department. The reason for this is that the law does not recognise the
Department’s involvement in such cases and therefore the Ministry of Defence
does not have authority to incur expenditure in such circumstances. The only
exception to this is that civil servants injured in road traffic accidents can have
their legal costs underwritten by the Department, but this does not apply to
service personnel or to civil servants injured in other circumstances.
3
1.8
In order to alleviate the problems to which this gives rise, a scheme called
ToPaS (Third Party Accident Scheme) provides legal advice and assistance to
Ministry of Defence civil servants and Service Personnel who have been injured
whilst on duty and who consider the injury to be the fault of a negligent third
party. Ralli Solicitors, a firm of solicitors who specialise in personal injury claims,
operates the scheme on behalf of the Ministry of Defence
Section Two
Public Liability Claims
2.1
The majority of claims submitted to the Claims Unit’s Public Liability Team
(PLT) are for personal injury or property damage. Most personal injury claims
come from civilians, either in the UK or in countries where UK armed forces
operate or have operated, since members of the armed forces themselves are
compensated for injuries under the Armed Forces Compensation Scheme
without needing to take legal action.
2.2
Property damage claims usually come from personnel working and living
in service accommodation who have had their belongings damaged, for
example, by poor maintenance of their accommodation (mould and damp) or by
poor maintenance of infrastructure (potholes on MOD establishments).
2.3
Public liability claims have risen rapidly in recent years because of the
large numbers of claims submitted by Iraqi nationals.
2011/12
2012/13
2013/2014
Number
of
PL
Claims
416
334
1013
Received
Number of PL Claims Settled
251
393
270
Amount Paid (£)
£9.0M
£23.7M
£10M
Iraq
2.4
The MOD is currently dealing with 617 claims of abuse by Iraqi nationals
arising from the years between 2003 and 2009. 71 further such claims have now
(December 2014) been settled, at a total value of £2.3M. Many of these claims
are for compensation for unlawful detention. UK forces believed that their UN
mandate entitled them to detain Iraqi nationals where this was required for
4
security purposes, but subsequent decisions of the European Court of Human
Rights have established that this was not necessarily the case and that such
detainees may be entitled to compensation. In such cases compensation is
offered on a “tariff” basis, with the sum to be paid determined primarily by the
length of detention, ranging from £1,500 for a few hours to £115,000 for 3 years
or more.
2.5
Many such claims further allege that the claimant suffered ill-treatment
while being detained. Where these claims are proven or at least credible, the
claimant will be paid additional compensation. Such claims have been or are
being investigated by the service police and the Iraq Historic Allegations Team
with a view to bringing any personnel found to have been responsible for
mistreatment to account.
Afghanistan
2.6
MOD is currently dealing with 72 claims of abuse of Afghan nationals.
These claims relate to Afghan detainees who are seeking damages for alleged
unlawful detention by UK Forces during the period from July 2006 onwards. As
with the Iraq claims being dealt with by the MoD, a number of the Afghanistan
claims contain allegations of mistreatment and once again, where these
allegations are found to be true or credible, they will be subject to investigation
by the service police who have been tasked to do so. Proceedings in these
claims have been stayed for an agreed period of time to allow investigation of the
circumstances surrounding the individual claims and to assess the impact of
forthcoming judgments which are likely to affect their outcomes.
The civil secretary in Afghanistan continues to handle claims locally. Details are
provided in Section Seven – Area Claims Offices.
Maritime Claims
2.7
Maritime claims by and against the Ministry of Defence result mainly from
collisions, oil spillage, gunnery/missile firing accidents, damage to static property,
wash damage, fishing gear damage and the salvage and recovery of Ministry of
Defence property.
2011/12
2012/13
2913/14
Number of property claims
9
21
17
received
Number of property claims settled
5
13
8
5
Amount paid
£23,783
£83,234
£45,763
Number of salvage claims
1
0
2
received
Number of salvage claims settled
0
1
2
Amount paid
£8,600
£17,991
£3,611
2.8
The Ministry of Defence provides assistance to ships in distress in UK
waters and regularly helps in other parts of the world. If as the result of the
assistance given a vessel is salved, the Department is entitled to claim salvage
based on the value of the ship and its cargo. Part of the amount in salvage is
paid to the crew of the assisting ship or aircraft in accordance with the Merchant
Shipping Act 1864. It is Ministry of Defence policy not to claim salvage when life
saving has been the main aim of the assistance given. Although uncommon,
salvage claims by members of the public for the successful recovery of our
property can likewise be made against the Department. The figures for salvage
claims reflect the net effect of salvage claims paid by Ministry of Defence and of
successful recovery of MOD assets.
2011/12
2012/13
2013/14
Number of maritime recovery
3
0
1
and salvage claims initiated
Number of maritime recovery
0
1
0
and salvage claims settled
Amount recovered
£0
£91,144
£0
2.9
In addition to the work undertaken by the Claims Unit, the Flag Officer
Scotland, Northern England and Northern Ireland (FOSNNI) and the Flag Officer
Sea Training (FOST) have delegated authority to settle claims of up to £8,000
per fishing gear claim, £5,000 per collision claim and £1,000 per oil spillage
claim.
2011/2012
2012/2013
2013/14
Number of claims settled by
6
12
6
FOSNNI
Amount paid by FOSNNI
£12,132
£26,937
£8812
Number of claims settled by
5
13
10
FOST
Amount paid by FOST
£12,725
£25,979
£17,351
Total amount paid
£24,857
£52,916
£26,163
6
Low Flying Military Aircraft Claims
2.10 The activities of low flying military aircraft can give rise to claims for
compensation from members of the public. The most common claims are those
involving injury to, or death of, livestock and/or damage to property, although
claims are sometimes received for personal injury. Many of the claims are for
relatively small amounts. Such claims are handled on an
ex gratia basis,
because under the Royal Prerogative the Crown has an absolute right to
undertake all military flying activity, and an injured party has no legal rights of
redress for compensation1. They are however investigated in the same way as if
the principles of common law legal liability applied and ex gratia payments made
where appropriate, as the government undertook to do in a Lords Written Answer
on 22 November 1971 (Official Report column 888)..
2.11 A procedure has been in place since 1994, following consultation with
farming unions and landowners’ associations, for dealing with claims relating to
death or injury to livestock. .In accordance with the Livestock and Animal
Compensation Claims Guidance the claimant should report the incident promptly,
provide veterinary evidence and a fully quantified claim.
2.12 The increase in expenditure during 2013/14 reflects two high value cases
which began in earlier years and were settled in this period.
2011/12
2012/13
2013/14
Number of claims received
130
85
130
Number of claims settled
88
82
70
Amount paid
£0.46M
£0.68M
£1.1M
Visiting Forces Claims
2.13 The Claims Unit handles third party claims against Visiting Forces based
in or visiting the United Kingdom under the provisions of Article VIII of the NATO
Status of Forces Agreement (SOFA) and Section 9 of the Visiting Forces Act
1952. Such claims could be made on behalf of any of the states which are
signatories to the agreement or are invited to train in the UK, but primarily involve
the USA, the Netherlands, Belgium and Germany. Claims are investigated and
handled in exactly the same way as if British Forces were involved and, if
satisfied that the Visiting Force is liable, the Ministry of Defence pays
compensation on its behalf. In the case of NATO countries, the Sending State is
billed for 75% of the amount paid, the United Kingdom paying the other 25%.
.
7
2.14 In order for the UK to comply more fully with its obligations under the
NATO SOFA, the Visiting Forces Act 1952 has been amended to allow the
transfer of liability from the Visiting Force to the UK MOD in appropriate claims.
Once legal proceedings have been issued, and at the request of the Visiting
Force, the Secretary of State for Defence may make a declaration that liability in
the particular claim is transferred. The new arrangements came into force on 6
April 2013.
2011/12
2012/13
2013/14
Number of visiting forces claims
26
26
39
received
Number of visiting forces claims
26
28
28
settled
Compensation paid
£508,195
£588,008
£229,000
Financial Recoveries
2.15 Where the Ministry of Defence sustains loss or damage to equipment or
property which has been caused by a third party, the Claims Unit will seek to
recover those losses from the person responsible. The main causes for action
against third parties are damage to Ministry of Defence static property by
vehicles, fire, water or the negligent actions of a contractor.
.
2011/12
2012/13
2013/14
Number of claims notified
12
14
12
Number
of
successful
3
7
4
recoveries
£35,258
£24,064
£5,420
Amount recovered
8
Section Three
Service Personnel Employer’s Liability Claims
3.1
Since 1987 Service personnel have, like any other employee, been
entitled to sue the Ministry of Defence for compensation where they have
suffered harm as a result of the Department’s negligence occurring after that
date. Claims cannot however be made for alleged negligence which occurred
before 1987.
3.2
It is important to be clear that service personnel or their families do not
have to go to law to obtain recompense for injuries or death suffered during
military service. The Armed Forces Compensation Scheme (AFCS) is a
compensation package for members of the Armed Forces which provides
modern, fair and simple arrangements with more generous benefits for the more
severely disabled. It provides compensation for significant injuries, illness and
death which occur in the course of military service. The AFCS is designed to
provide compensation, irrespective of who may have been at fault, across the full
range of circumstances in which illness, injury or death may arise as a result of
service. The AFCS does not however affect a person’s right to make a civil claim
if the illness, injury or death was caused by the Department’s negligence. In
cases where payments from the AFCS have already been made or awarded,
common law damages will be reduced by the appropriate amount. .
3.3
The handling of routine personal injury claims is managed by Gallagher
Bassett International Limited, the MOD’s claims handler. Claims that are
contentious or are of a political or sensitive nature are handled in house by the
Claims Unit.
2011/12
2012/13
2013/14
Number of claims received
3535
2793
2435
Number of claims settled
2495
2517
2345
Amount paid
£46.3M
£51.3M
£45.1m
Combat Immunity
3.4
Among the more difficult such claims are many which relate to operational
service in Afghanistan and Iraq. Depending on the circumstances, it may be
necessary for the Ministry of Defence to argue that it was not negligent in those
claims where the injury was sustained engaging the enemy in the course of
hostilities (the doctrine of “combat immunity”), or in operational circumstances
where it is unreasonable to expect that the same standard of safety will apply as
would be expected under normal circumstances. .
9
3.5 The Department is facing a significant number of personal injury claims
arising from deaths and injuries in Iraq and Afghanistan. Some of these claims
have been brought on dual grounds, with claims based both on common law and
the European Convention on Human Rights. The claims in negligence are
typically based on:
a. Allegations that a commander on the ground was negligent in his
actions or made decisions that were wrong
b. Allegations that equipment provided by MOD was inadequate;
c. Allegations that pre-deployment training provided by MOD was
inadequate.
3.6
The Supreme Court upheld the doctrine of combat immunity in an
important judgment in June 2013 (
Smith and others v The Ministry of Defence,
[2013] UKSC 41) but limited its sphere of application. The specific claims which
were at issue remain to be determined by the lower courts.
Radiation Compensation Scheme
3.7
The Ministry of Defence is a member of the nuclear industry’s
Compensation Scheme for Radiation Linked Diseases. This is a no-fault scheme
where there is no requirement for claimants to prove negligence on the part of
the Department in order to receive compensation. The Scheme, which the
Ministry of Defence joined in 1994, was set up and is run jointly by the
participating employers and Trade Unions and does not affect a claimant’s right
to seek legal redress.
3.8
The Scheme provides for the assessment of a case, on an agreed
technical basis, in order to determine the probability that a cancer contracted by
a worker could have been caused by occupational radiation exposure. The
amount of compensation payable in a successful case is determined by
negotiation between the solicitors representing the parties, based upon the same
guidelines that would apply if the case had proceeded to Court.
3.9
The Scheme provides for payments to be made for lower levels of
causation probability than would be required by the Courts for a finding of legal
liability: “full” payment of compensation may be made at a level of 50% causation
probability and lesser payments down to a level of 20% causation probability.
3.10 The MOD handles claims on behalf of the Atomic Weapons Establishment
and recovers expenditure from them
3.11 During financial year 2013/14, the Scheme received seven new claims
from former Ministry of Defence employees who believed their illnesses to be
10
associated with exposure to occupational ionising radiation. Two claims were
settled in this period and £29,500 compensation was paid.
11
Section Four
Civilian Staff Employer’s Liability Claims
4.1
Since 1982, the Ministry of Defence has contracted out the handling of its
civilian employee Employer's Liability claims. Gallagher Bassett International
Limited is the current contractor and was awarded a new four-year contract to
handle all newly notified civilian Employer’s Liability claims from 1 May 2012.
Many of the claims relate to asbestos related illnesses and Noise Induced
Hearing Loss.
2011/12
2012/13
2013/14
Number of claims received
666
645
657
Number of claims settled
551
724
599
Amount paid
£15.7M
£18.2M
£13M
12
Section Five
Motor Claims
Third Party Motor Claims - UK
5.1
Since 1982 the Ministry of Defence has contracted out the handling of
claims made against the Department by other road users. Gallagher Bassett
International Limited is the current contractor and was awarded a new four-year
contract to handle all newly notified third party motor claims from 1 May 2012.
2011/12
2012/13
2013/14
Number of claims received
1674
1829
1574
Number of claims settled
1946
1825
1715
Amount paid
£6.7M
£4.8M
£6.1M
Third Party Motor Claims - Overseas (not dealt with by ACOs)
5.2
Claims arising from non-UK based vehicles overseas are handled by the
appropriate Area Claims Office (ACO) or, where the geographical area is not
covered by one of the ACOs, by the Claims Unit
2011/12
2012/13
2013/14
Number of claims received
17
14
10
Number of claims settled
11
13
8
Amount paid
£16,459
£7,378
£24,011
Uninsured Loss Recovery
5.3 With effect from 1 May 2007 Gallagher Bassett has been responsible for
recovery, on behalf of the Ministry of Defence, of the cost of damage caused to
its vehicles in accidents that are the fault of a third party. The number of
recoveries made and the amounts received are shown below.
2011/12
2012/13
2013/14
Number of recoveries
655
729
556
13
Amount recovered
£433,384
£506,445
£182,041
14
Section Six
Clinical Negligence Claims
6.1
The Claims Unit handles clinical negligence claims brought by current or
former members of HM Armed Forces and the small number of claims brought
by their dependants treated in MOD medical facilities.
2011/12
2012/13
2013/14
Number of claims received
62
65
85
Number of claims settled
18
17
25
Amount paid
£6.7M
£7.1M
£5.8M
15
Section Seven
Area Claims Offices
Area Claims Office Afghanistan
7.1
2013-2014 saw a significant reduction in claims received by the Area
Claims Office in Afghanistan. 399 claims were received, as opposed to the 838
claims received for the corresponding period the previous year, reflecting the
continuing reduction in the number of active operations and the transition of UK
forces to a mentoring role. They included 217 crop damage claims, 141 property
damage claims and 24 claims arising from road traffic incidents. Claims arising
from incidents resulting in fatalities and woundings of civilians have been
mercifully low, again reflecting the reduced activity of ISAF forces.
7.2
Of these 399 claims 180 were settled, at a total of £232,146. 187 claims
were rejected during the year. Comparative figures are shown below:
2011/12
2012/13
2013/14
Number of claims received
650
838
399
Number of claims settled
545
616
187
Amount paid
£748,421
£690,700
£240,282
Area Claims Office (North West Europe) (ACO (NWE))
7.3
ACO(NWE) is part of G8, Headquarters British Forces Germany (HQ
BFG), currently located in Bielefeld Germany. It is responsible for handling
claims by and against the Ministry of Defence in Austria, Belgium, Czech
Republic, Denmark, France, Germany, Hungary, Luxembourg, Norway, Poland,
The Netherlands and Switzerland. Claims handled include Road Traffic
Accidents, Training and Manoeuvre Damage, Public Liability and Loss of
Service.
7.4
ACO(NWE) continues to recover significant sums for the public purse, this
year amounting to £191,779. The sums recovered come mainly from the pursuit
of claims under German law for MoD incurred expenses where members of the
force and/or their dependants have sustained injury as a result of third party
liability in road accidents. The heads of claim which typically contribute to these
recoveries are loss of earnings and medical and related expenses, such as
medical treatment costs, ambulance fees and physiotherapy and rehabilitation
costs.
16
2011/2012
2012/2013
2013/14
Number of claims received
351
298
215
Number of Claims settled
401
369
177
Total Paid
£1,267,645
£613,462
£709,219
Total Recovered
£535,573
£280,038
£191,779
Area Claims Office Cyprus
7.5
Based at Episkopi Garrison in the Western Sovereign Base Area, the Area
Claims Office Cyprus, is responsible for handling all third party claims for
compensation made by and against British Forces Cyprus, the Sovereign Base
Areas and visiting UK forces, which arise out of on-duty military activity in the
Sovereign Base areas and the Republic of Cyprus. The types of claims handled
include road traffic accidents, training & manoeuvre damage, Public Liability and,
for locally employed staff, Employer’s Liability.
7.9
.The majority of the ACO’s work continues to involve inspecting and
investigating training and manoeuvre damage claims arising from land based
exercises and associated helicopter activity. 90% of all claims received were
related to training and manoeuvres and were predominantly for crop damage or
loss of livestock.
2011/12
2012/13
2013/14
Number of claims received
429
343
435
Number of claims settled
334
368
430
Amount paid
£491,602
£400,973
£584,615
Amount recovered
£12,481
£24,773
£6,020
Area Claims Office South Atlantic Islands
7.10 The ACO in the Falkland Islands is responsible for collating all claims for
approval or passing claims over the value of £5,000 to the Claims Unit. Five new
claims were received.
.
17
2011/12
2012/13
2013/14
Number of claims received
4
3
5
Number of claims settled
2
2
6
Amount paid
£3,654.00
£550.00
£9,403
Amount Recovered
Nil
Nil
Nil
18
Section Eight
Insurance and Indemnities
Insurance
.
8.1 The Claims Unit is the policy lead on all Ministry of Defence non-contractual
insurance issues, and it encourages MOD units and establishments to transfer
risks arising from non-core activities away from the Department.
8.2 Willis Ltd (Aerospace) provides insurance, the cost of which is recovered
from the beneficiaries of the activities concerned, to protect the Ministry of
Defence against claims arising for compensation for five specific non-core
aviation risks:
• Military aircraft participation at air displays
• Civilian aircraft use of military airfields
• Search and Rescue training with civilian organisations
• Fare-paying passengers on military aircraft
• Passengers conveyed for Income Generation purposes
Indemnities
8.3 The Claims Unit is responsible for all non-contractual indemnity matters,
ranging from issuing indemnities to land owners who allow the Armed Forces use
their land for exercises, to advising on the liability aspects of Defence
Infrastructure Organisation licences, indemnity provisions within Memoranda of
Understanding (MOU) and other international agreements.
8.4 The Ministry of Defence always seeks an indemnity against claims arising
from repayment activities or events that do not directly further the military tasks
of the Department. Examples include participation by Service personnel or
Ministry of Defence civilian staff in non-core fund raising charitable or social
activities, or the use of Ministry of Defence personnel or equipment by other
organisations for activities which do not support military tasks. The Ministry of
Defence must seek an indemnity in such instances as there is no financial
provision in the Defence budget to meet claims which are not defence-related.
19
Indemnities must be backed by insurance or a guarantee from those
companies/organisations that self-insure. The only exception to the requirement
for indemnity is when the Ministry of Defence is dealing with other Government
Departments, because of the principle of indivisibility of the Crown.
8.5 Indemnities that arise from the Department’s contractual business are the
responsibility of the appropriate Contracting Authority, with policy guidance
provided by Defence Equipment Support Commercial as appropriate.
Income Generation
8.6
Income generation activity under the Government’s initiative for ‘Selling
Government Services into Wider Markets’ is an exception to the rule that the
Ministry of Defence does not purchase insurance. Because of the unusual and
hazardous nature of many of the activities the Ministry of Defence undertakes,
however, commercial insurance may not always be available to cover these
activities, or may not be cost-effective. Customers may therefore as an
alternative pay a charge under the Departmental Insurance Scheme and any
claims for compensation which may arise will then be settled by the Claims Unit.
20
Annex A
10 Highest Value Cases Settled in 2013/14
Claimant
Type of Injury/Loss
Compensation
(including claimant’s
legal costs)
Service
Injured as a result of
£4,184,026
negligent discharge of
weapon
Service
Post Traumatic Stress
£1,438,300
Disorder
Service
Run Over by JCB
£830,694
Service
Psychological injuries
£709,348
caused by bullying and
harassment
Service
Fatal accident during
£676,244
live firing exercise
Civilian
Asbestos related
£552,964
disease
Service
Fell from height
£517,773
Civilian
Asbestos related
£470,305
disease
Service
Fatal accident during
£456,438
boating accident
Service
Psychological injuries
£411,246
caused by bullying and
harassment
21
Hard copy Distribution List
APS/Secretary of State
APS/Minister (AF)
APS/Minister (DEST)
APS/Minister (ISS)
APS/Minister(DPWV)
APS/USofS
Parliamentary Branch
DCDS (Ops)
DCDS (Pers)
MA/CDS
Surgeon General
CNS
CGS
CinC Fleet
CAS
CinC Naval Home Command
CinC Land
CinC Air Command
PS/PUS
AG
PS/VCDS
CGS-Army Inspector
PS/CSA
DG Operations & Policy
DG Finance
DG Transformation
DGDC
External:
DJEP-D
Treasury Solicitor (5 copies)
DMC (5 copies)
Crown Solicitor (3 copies)
CLS-D
Gallagher Bassett (5 copies)
Head of AMD Med Legal
Morton Fraser Solicitors (3 copies)
CESO(Navy)
Beachcroft LLP (5 copies)
CESO(Army)
Berryman Lace Mawer (5 copies)
CESO(RAF)
Kennedys Solicitors (Chelmsford)
CESO(PJHQ)
Willis Ltd
CESO(DE&S)
CESO(Central TLB)
22