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There is always a greater economic issue at stake than the individual case, and that is, if you give in and pay one doubtful claim because that particular claim is objectively uneconomic to defend, you encourage a multiplicity of further doubtful claims because you become known as a 'soft touch'. Insurance companies know this perfectly well. So does the MoJ, the MoD and every other government department. The fact that a significant number of 'ill-treatment 'claims have been settled rather than defended tells me that the MoD thought they would lose on the facts of those cases. Hence, on a balance of probabilities there was a degree of misconduct by some British soldiers. The United Kingdom can be proud of the professionalism and ability of its troops and we do not want to lose that reputation by accepting that breaches of discipline are inevitable and must be ignored. "It's the cover-up that does for you, not making the mistake".