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The comment at 14.10 touches upon the trap being laid here. The current law is that soldiers engaged in combat with the enemy do not owe a duty of care either to enemy combatants or to their fellow soldiers.

The MOD in 2013 sought to argue that this prevented soldiers from suing the MOD where inadequate equipment had caused them to be injured. Leigh Day sued on behalf of the soldiers and won, on the basis that the failings were in a calm Whitehall office far away from combat.

The MOD has previously indicated that it wishes to abolish the duty of care for all cases involving the army. This would prevent soldiers suing the MOD when the MOD injure them.

This noise from Mercer will get the same ball rolling again and, whether wittingly or unwittingly, he is selling his former colleagues down the river.