Bomb disposal expert receives £1M in damages

£1,050,000 settlement for bomb disposal soldier

The Claimant an Explosive Ordnance Disposal Expert serving with the Royal Engineers. Whilst in the course of his service in Afghanistan he suffered a traumatic amputation of his right foot followed by a below knee amputation. He also suffered a penetrating injury to the right eye and blast injury. The link between blast injuries and mild brain injuries has been highlighted in a number of our cases, and although it remains controversial to the MOD, there was good supportive medical evidence.

The Ministry of Defence denied liability on the basis of Combat Immunity. If Combat Immunity applies it means that they owe no duty of care to their Serving Personnel. We have litigated cases involving Combat Immunity for many years as we believe that its ambit should be narrow and confined to a real presence of the enemy. Clearly, the explosive device was planted by the enemy but we looked beyond that to see if there were failures on the part of the Ministry of Defence. Such failures are systemic failures that trace back to peacetime and can include failures in training or equipment.

Liability was subsequently conceded by the Ministry of Defence and judgement on a full liability basis entered a Court.

The case then moved on to the amount of damages to be awarded. There is always an argument about the soldiers uninjured Career Forecast. Very many cases, particularly those from Specialist Units, involve us looking at the Circuit and the high earnings to be obtained there.

Military cases also involve the financial calculation of considerable perks including Boarding School Allowance and complex pension calculations. In these we are assisted by a skilled MOD employment rehabilitation expert and our in-house Forensic Accountant.

This soldier elected to continue to serve his country and remain in the army. However when he leaves he will be severely handicapped on the Open Labour Market. He needs a variety of prosthetics and other aids and equipment, together with adaptations to accommodation to assist him with everyday living. Service Personnel are used to high levels of fitness and have high levels of individual motivation. They routinely push themselves during rehabilitation and want state-of the art equipment. Our job, in so far as it is possible, is to try and put them in the same position as they had been before the injury.

Settlement was reached at a Joint Settlement Meeting with MOD legal representatives. This is the common mechanism for settling complex cases. The soldier is present to see the negotiation unfold and to give instructions at every stage. The total settlement was £1,050,000.00 in damages.

Contributed by McCool Patterson Hemsi Solicitors