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If a British serviceman asked me for advice as to the merits of this scheme, my advice would be – be worried, be very worried. There is no suggestion that it will be a ‘no fault’ compensation scheme. On the contrary, the proposal appears to be that the Government will decide if it is liable and only if it decides that it is, will it pay what it considers would be compensation equivalent to what a civilian claimant, with comparable injuries, would receive by way of an award of compensation in the civil courts. It’s hardly surprising that the Government wants to keep independent lawyers out of the process until, at least, it’s dangled half a carrot in front of the serviceman. Of course, their advice would be wholly otiose. After all, a ‘squaddie’ who suffers injuries of the utmost severity will know with exactitude the true value of his complex claim. Of course, it’s what the ‘impartial’ MoD assessor tells them that they’ll receive by way of compensation! And if they reject it, naturally they can go to the civil courts. But what’s the betting that the scheme will include a provision that if the serviceman does so and fails to beat the Government offer, the inter partes costs of the civil proceedings will have to be borne by him. Effectively, the Government wants to be judge, jury and both parties’ legal representatives! And if it’s such a jolly good, claimant friendly scheme, how long before it dawns on the Government that it could be replicated for all RT/EL claims by just substituting the insurance industry for the MoD!

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