The Ministry of Defence operated a scheme for compensating soldiers serving abroad who were injured as a result of criminal activity. The claimant, whilst serving on a peace-keeping mission in Bosnia, was injured when a hut was hit by a shell fired from a Serbian tank. The scheme refused compensation. There is no necessary incompatibility between activities which were military and ones which were in breach of international law. The scheme could properly exclude injuries resulting from military activity.
Citations:
Times 07-Apr-2000, Gazette 11-May-2000, [2000] UKHL 22, [2000] 2 All ER 917
Links:
Jurisdiction:
England and Wales
Citing:
At Admn – Regina v Ministry of Defence ex parte Walker Admn 9-Feb-1998
The court dismissed the plaintiff’s request for judicial review of the refusal of the Criminal Injuries Compensation (Overseas) Scheme. He was injured serving as a United Nations Peacekeeper in Bosnia, from a single round fired into the block by a . .
Appeal from – Regina v Ministry of Defence, Ex Parte Walker CA 5-Feb-1999
The scheme provided by the Ministry of Defence to compensate soldiers for being injured by criminal acts did not cover a wound inflicted by a shell fired from a tank whilst on peacekeeping duties. This was akin to a war injury.
Auld LJ said: . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Armed Forces
Updated: 31 May 2022; Ref: scu.159056
