Irwin Mitchell | Focus on Military | Criminal Injuries Compensation (Overseas) Scheme

Criminal Injuries Compensation (Overseas) Scheme

Since 1979 the Ministry of Defence has operated a compensation scheme for service personnel and their accompanying dependants which makes payments to innocent victims of crimes of violence.

The scheme covers those serving overseas and deliberately mirrors the scheme operated by the Ministry of Justice (MOJ) which compensates victims of crime in the UK. This ensures that they and their families do not suffer a disadvantage as a result of service compared to civilian victims of crime. For an application under the scheme to be considered, it must be submitted within two years of the incident.

The overseas scheme is known as the Criminal Injuries Compensation (Overseas) Scheme and is an evidence based scheme. Paul Weston from the Irwin Mitchell Military Injury Claims team assists soldiers and their families to gather the necessary police evidence, medical evidence and witness statements to support the claim.

Irwin Mitchell provides this service on a Contingency Fee Agreement and has been very successful in ensuring that soldiers and their families receive the maximum amount of compensation available, which is currently in the region of £500,000.

In June 2013, a young soldier serving with the Royal Fusiliers was assaulted by a fellow soldier while off duty overseas. As a result of the assault, the soldier suffered a severe brain injury. Since 1979 the Ministry of Defence has operated a compensation scheme for service personnel and their accompanying dependants which makes payments to innocent victims of crimes of violence.

The soldier who committed the assault was arrested and, following a military court martial, was convicted of intentionally inflicting grievous bodily harm, sentenced to nine years imprisonment and discharged from the armed forces with disgrace.

The injured soldier was taken to a local hospital initially and treated in a critical care unit before being flown back to the United Kingdom. After further extensive treatment, he was eventually discharged to Headley Court where he continues to be treated. As a result of his injuries, the young soldier is to be medically discharged and will require care and support for the rest of his life.

Paul Weston was instructed by the soldier’s mother because her son lacked the mental capacity to instruct us himself. To date Paul has been able to secure £175,000 for the soldier’s injuries and is now gathering the necessary medical and non-medical evidence to ensure that he is awarded the maximum amount of compensation to cover his future loss of earnings as a result of being medically discharged from the armed forces.


Autumn 2016 (PDF)

Key Contact

Paul Weston

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