New military code of conduct follows sexual harassment report

A recent survey of women serving in the British Armed Forces revealed that many servicewomen are not coming forward to report incidences of sexual harassment. Following the survey, General Sir Nick Carter, the chief of the British Army, has announced that the Army will develop a new code of conduct for all forces personnel to ensure that everyone is treated “in an inclusive way”.

What is Being Proposed?

The new Army Leadership Code was announced by General Carter at Army Leadership Code. He said the code of conduct was an attempt to tackle incidences of sexual harassment and bullying, but rejected concerns that the code would turn the Armed Forces into a “politically correct brigade”.

Speaking after a year in his post as the Chief of General Staff, General Sir Nick Carter said that the Armed Forces must not tolerate behaviour which is inappropriate, and which has in the past caused personnel to put in claims for prejudice and sexual discrimination.

The new Code aims to promote tolerance, and tackle behavioural issues such as sexual harassment or bullying.

In response to the earlier survey, General Carter branded the level of sexual harassment reported by female services personnel as “totally unacceptable”.

Army survey – shocking results

General Carter’s words come after the revelation that 40% of female services personnel reported being sexually harassed in the previous 12 months, but did not report what had happened as they feared it might affect their career prospects.

The first survey, which was carried out by the Army among 7,000 members of the Armed Forces discovered that:

  • Nearly 40% of female services personnel had received unwanted comments about their sexuality or looks over the past 12 months.
  • 13% of women surveyed said that they had experienced a “particularly upsetting experience”.
  • A third of them said that someone had attempted to engage them in unwelcome conversations of a sexual nature.
  • One in 8 – 12% – said that they had experienced unwelcome attempts to touch them.
  • Only 3% of women who had been very upset by an event had come forward to make a formal complaint.
  • Nearly two thirds of people surveyed reported that incidents had happened at their training unit or base.
  • 44% of respondents stated that they believed that in some parts of the Army, harassment was a problem.

It was also found that senior officers were four times less likely to report sexual harassment than more junior soldiers.

A Freedom of Information request revealed that between 2011 and 2013, 75 reports of rape and 150 of sexual assault were made to the military police.

In July 2014 there were 15,780 women serving in the British military, which equates to around 1 in 10 of the total numbers of service personnel.

Earlier concerns raised by the Service Complaints Commissioner

Military watchdogs raised concerns about the failing complaints system last year.

Susan Atkins, the Service Complaints Commissioner (SCC), said that there had been a rise in the number of reported cases of discrimination, bullying and harassment in 2013, reversing the trend of the previous years. She said that this situation was a “serious challenge” for senior Army management. She also reiterated that a staggering 40% of female personnel had been victims of sexual harassment in the past year.

SCC had set improvement goals for the Army for 2013, none of which were met. Dr Atkins raised serious concerns about the length of time it took to deal with complaints received from service personnel.

According to the report, complaints received by the Army were up 12% over the year. Only 25% of these were resolved in the target period of 24 weeks, and only 26% were resolved after a year.

Charities working with services personnel welcomed the new Code, saying it would be a positive step for the Armed Forces.

Victim of Sexual harassment in the UK Military? Want to make a Discrimination Claim?

Wherever you are based, for specialist, clear, practical legal advice, get in touch with our Military Lawyers today:

  • By phone locally on [01722 422300] or free on FREEPHONE 0800 1404544
  • or e-mail our team using the contact form below

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Forces Veterans PTSD Cases Rise 26% in 12 Months

Military charity Combat Stress has raised concerns about the large increase in numbers of veterans seeking treatment for mental health problems including PTSD after serving in Iraq of Afghanistan. It reported a surge in numbers of 26% in just one year.
Combat Stress is now dealing with 6 new HM Forces veterans asking for help every day, and has never been busier in its history.

The 26% increase in the last twelve months is twice the rise seen in the previous twelve months, and is due to a dramatic rise in the number of Iraq and Afghanistan veterans coming forward.

This latest leap in cases follow on from many years of increases, and the cases of PTSD stemming from recent conflicts will only continue to rise, according to Combat Stress. The charity is calling for more NHS treatment for veterans.

Armed Forces PTSD – MoD denial

The UK Ministry of Defence however claims that the number of the cases of depression and PTSD in members of the Armed Forces is no greater than in the general population as a whole.
Statistics show that over the last year, 2,264 ex-soldiers, sailors or airmen came forward to veterans’ mental health charities seeking help. 75% of those undergoing treatment have PTSD, and many of those also suffer from depression or have problems with alcohol or drugs.

Earlier PTSD treatment – the good news

The good news is that veterans from these recent conflicts also appear to be coming forward far more quickly than military personnel who served in previous military conflicts – in particular in Northern Ireland and the Falkland Islands.

Statistics also show that veterans of the war in Afghanistan wait on average 2.2 years after leaving the Armed Forces before seeking treatment. Iraq veterans come forward after 4 years, but veterans from earlier conflicts take 13 years to seek help.

Further good news is that military personnel who served in Afghanistan or Iraq are thought to be better informed about mental health issues, and in addition, to feel less stigma about admitting they need help.

The lag in personnel coming forward means that Combat Stress expects to see the number of people coming forward to grow for some years to come, and the charity strongly encourages anyone who suspects that they are suffering from PTSD to seek help.

The MoD said that any increase was down to its work to reduce levels of stigma surrounding PTSD, and to encourage personnel to come forward. It also stated that there were no greater numbers of Forces personnel suffering from PTSD than in the public as a whole.

An academic paper in the British Medical Journal also stated that Combat Stress’s six week intensive therapy programme saw an improvement in PTSD symptoms in 87% of cases.

Victim of Military PTSD? Thinking of Compensation Claim? Contact Us Now

Whether you are currently serving in the UK Forces or have retired from the military, if you are suffering from post-traumatic stress disorder and think you could be entitled to compensation, contact us now.

Don’t delay – or you could lose your right to claim the compensation you deserve.

Contact us for free phone advice, a free first appointment and no win no fee representation

  • Call FREEPHONE (0800) 140 4544 Now  OR
  • E-mail our team using the contact form below

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Military Divorce – New Family Lawyer in Amesbury

Military Family LawyerWith military work from armed forces personnel based on Salisbury Plain forming an increasing amount of our family law team’s caseload, we thought it was about time that we reintroduced a specialist family lawyer based full-time in Amesbury. Our Amesbury office has been relying on a part-time family law presence since senior partner Tim Bishop moved over to our Salisbury office some 17 years ago.

So we thought it would be useful to introduce our new family law team member to you – so if you need legal advice about any aspect of family law, civil partnership dissolution, relationship breakdown or divorce, you have a friendly face to turn to.

Kate Brown Kate started working in family law in 2000 and studied for her law qualification whilst working full time. She is now a Chartered Legal Executive. Before joining Bonallack and Bishop in 2015, for the previous 15 years Kate worked in both Andover and Salisbury so has a good knowledge of this area. She personally runs the family surgery in Amesbury and lives locally.

Kate can be contacted directly at our Amesbury office on 01980 676612 or at kate.brown@bishopslaw.com

Military Divorce – how we can help you

Don’t forget that here at Bonallack and Bishop, we continue to offer the following;

  • A FREE 30 minutes first interview for divorce and family law issues
  • The free drop-in ‘Family Law’ surgery every Wednesday afternoon between 2pm and 5pm at our Amesbury office at 5 Salisbury Street. No appointment necessary
  • 10% discount to all serving and retired members of the military on all our legal services

Based in Bulford, Tidworth or elsewhere on Salisbury plain? Going through military divorce? Contact us now

Whether you are currently serving in the UK Forces or have retired from the military, if you are currently going through a relationship breakdown or thinking about getting divorced, our specialist military divorce team have the experience you need need.

  • Call Kate at our Amesbury office directly on [01980] 622992  for FREE initial phone advice or
  •        Drop in to our  Family Law surgery every Wednesday afternoon between 2pm and 5pm at our Amesbury office at 5 Salisbury Street
  •        E-mail our team using the contact form below

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A concise history of the Courts Martial

It was Edward I who first established in 1279 that the sovereign must have the power to command the nation’s military forces. This privilege also afforded the Crown the power over army discipline and regulation for the first time. It gave him joint power with the civil courts over any civil offences committed by soldiers, as well as full power over military offences.

The Court of the Constable and Marshall was founded and, at first, would deal with all military law and develop a list of Rules and Ordinances of War. This would be granted by the King at the beginning of every military campaign. This established what could and couldn’t be carried out by serving soldiers. It, therefore, created the bedrock of military law back then. Subsequently, the Rules and Ordinances became known as Articles of War, establishing offences that would be punishable, such as desertion and disobedience.

The First Courts Marshal

In 1521, after the incumbent Lord High Constables’ argument with Henry VIII (which lead to his beheading), the office was forfeited exclusively to the Crown. The military court would now sit less regularly, which reduced its powers and allowed it to be totally absorbed by committees of officers, known originally as Marshal Courts, before subsequently being known as Courts Marshal.

The public continued to believe that the military was under the absolute control of the Crown and consequently of no interest to them. This allowed the Courts Marshal to form their own policies and procedures. Two levels of court were founded. The General Court had greater power and a larger remit than the Regimental Court, which could only try officers of the rank of Captain or under. It also had no legal assistance, whereas the General Court was advised by the Judge Advocate, who was commonly a professional lawyer from the civilian society.

It wasn’t until 1689 when legal acknowledgement came from Parliament. Military courts were legally acknowledged under the Mutiny Act, something which many in the military were not happy about. Their preferences for simplicity, informality, and decisiveness within the military court system matched their goals. Certainly, there are no written records of court cases nor any oaths requested before 1805. The whole system was extremely effective for its time, with sentences generally executed immediately. Nevertheless, it did not have the accountability that the modern Court Martial has. The court gradually became more accountable and more authoritative following the Army Act of 1881, and the Mutiny Acts between 1680 and 1878. The Army Act is a piece of rolling legislation that has been continuously renewed every year since 1881, and still shapes a large part of the present day Court Martial procedure.

Military courts in the 20th century

During World War I, the military court was not able to manage the new-found demand. By 1914, it had been broken down into four separate types of courts martial, each with its own separate legislation and constraints. The abolition of the Regimental Court in 1920 and various reforms has formed the basis of the modern Court Martial, with the process today being extraordinary similar to that of the civil courts. Appeals in military courts were only launched in 1951; the courts decision prior to this was full and final. From 1951 to the Armed Forces Act 1996, soldiers were only allowed to appeal on a point of law. From 1996 onwards, appeals were granted against any sentence.

In 1925, a report was submitted by an interdepartmental committee which claimed that, for some crimes, capital punishment should be removed. However, Parliament narrowly rejected this during a vote. The death penalty was abolished in 1928 for offences such as disobedience, sleeping while on post, striking superior officers, and five other offences including desertion and cowardice, which had been the two most notable offences resulting in execution throughout the First World War. Civilian crimes as well as mutiny kept their sentence of capital punishment, as covered by the 1940 Treachery Act. The 1998 Human Rights Act abolished the death penalty in the UK completely, and there is no crime at present you can commit, whether you were in the military or civilian, which can lead to capital punishment.

Due to appear at a Court Martial? Need representation? Call us now

Wherever you are based, at home or overseas, we can help – taking instructions by phone, email, Skype video as face-to-face meetings.

Our specialist military law team have the expertise you need. So for FREE initial phone advice;

• Call us during office hours on  [01980] 622992 OR

• For urgent out of hours legal advice, call 0759 1241460

• Use the email contact form below to request a call back at a time to suit you

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World War I Courts Martial

When the First World War broke out in 1914, no-one could have predicted the death and devastation that would follow, and certainly not the scale on which it happened. However, the deaths did not come only in battle and active service. Between August 1914 and March 1920, more than 3,000 members of the British Armed Forces were sentenced to death through courts martial because of misdemeanours committed during a time of war.

Although some of the crimes were relatively serious — desertion, murder, espionage and mutiny, for example — others were far less serious by today’s standards. Many men were sentenced to death for crimes as small as striking a superior officer — something which seems very extreme by the standards we have set for ourselves in the modern age.

It is worth noting that around 90% of those military court sentences were later commuted to penal servitude or hard labour, although many men still faced the firing squad for a number of military misdemeanours which might nowadays seem rather mild. In total, 346 men were executed, three for sleeping at their post, two for casting away arms and eighteen for cowardice. Although nowadays we might see these crimes as small and relatively insignificant, the names of these men still do not appear on official war memorials and they are largely forgotten and officially regarded as traitors to their country.

With so many men affected by seeing their friends killed and mutilated on a daily basis, it can hardly come as a surprise that so many soldiers were affected in ways which led them to run away from battle or hesitate when faced with the enemy. The military top brass, though, saw things differently. The firing squads were meant to be a deterrent to those considering any act of disobedience, and many see them as a necessary means to having won the war. Just over a decade after the end of the war, in 1930, the military death penalty was completely outlawed.

Although it is often argued that mental illness and distress symptoms have only recently been accepted and seen as real medical issues, this appears not to be a reasonable line of reason to take. The Ancient Greeks, for example, already recognised post-traumatic stress disorder, calling it ‘war exhaustion’.

In recent years, the British Legion and other groups have called for the executed men to be officially recognised on war memorials and to be given official military pardons. Many academics have argued against this, saying that we can’t impose our modern views on punishment on events which happened a century ago. Regardless, though, the tide is turning towards forgiveness and a growing number of people are seeking to see the soldiers officially pardoned, perhaps finally allowing them and their memories to lay to rest.

Due To Appear Before A Court Martial? Call us today

Our Armed Forces team have the expertise you need.

• Call them directly today on [01980] 622992 for FREE initial phone advice or

• E-mail our team using the contact form below

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The most serious military law offences in the UK

In uk military law, the sentences that can be imposed can vary wildly from dismissal from active service to life imprisonment. It can be surprising to the civilian population just which offences carry the harshest sentences, as it often does not necessarily reflect what might be considered to be a serious offence in the civilian world.

For example, allowing fuel to overflow when filling a petrol tank is considered to be misapplying or wasting public or service property, a section 25 offence which carries a maximum sentence of dismissal with disgrace. The same punishment can be given to an officer who flies an aircraft in a manner which annoys someone else. These may seem like small, petty crimes to the civilian population — or perhaps not even crimes at all — but are seen as very serious in the Armed Forces – largely because of the significant danger of explosion that overflowing petrol can cause.

Up to two years’ imprisonment can be given for a number of offences, including intentionally flying below 2,000 feet in a fixed-wing aircraft or 500 feet in a helicopter, resisting arrest, obstructing or failing to assist an officer when requested bullying a colleague or being unfit through alcohol or drugs. The sentence also applies to disclosure of information, failing to attend duty or perform a duty and disrespectful behaviour to a superior officer.

Ten years’ imprisonment can be given for putting colleagues at risk, failing to escape or preventing others from escaping when it was reasonably possible, using violence against or threatening a superior officer or recklessly obeying a command. The most serious sentence which can be given by a military court is that of life imprisonment, which is applicable to quite a surprising number of offences.

Military offences – what can lead to life imprisonment?

Life imprisonment in a military prison can be the sentence that results from dangerous flying, giving false air signals to aircraft or interfering with the signals, recklessly hazarding a ship, being absent without leave (desertion), failing to suppress a mutiny with prior knowledge, attempting mutiny or disobeying lawful authority, taking property from killed or injured officers, surrendering or abandonment without reasonable excuse and assisting an enemy. Even providing an enemy with supplies or harbouring or protecting them can result in life imprisonment, and all of the above are viewed very seriously in the military world and the resultant punishment will depend on the extenuating circumstances and the views of the Judge Advocate and the Board.

It is also worth remembering that civilians are liable to be prosecuted under military law should they be working as an MOD contractor or for any one of a number of other organisations, are on military grounds or are in a designated area with a spouse or acquaintance who is on active military duty. It is for this reason that it is important that the nuances of military law and its applicable sentences are known to all, as it is reasonably possible that they could apply to anyone — not just active service personnel.

Contact one of our Court Martial Lawyers today

If you are due to appear before courts martial, you are going to need specialist military solicitors – we have the expertise you need our Armed Forces team have the expertise you need.

  • Call our team directly today on [01980] 622992 for FREE initial phone advice or
  • E-mail our team using the contact form below

    Comments or questions are welcome.

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FHTB scheme – Government launches cheap loans to help military families buy their own homes

April 1, 2014, saw the launch of FHTB – a new government cheap home loan scheme aimed at helping UK Armed Forces personnel and their families onto the first rung of the property ladder.

What is FHTB?

The new Forces Help to Buy [FHTB] scheme is aimed primarily at helping first-time buyers, along with those who need to move home, following a new posting. The loans aren’t available to buy a second property.

The scheme is set to run as a three-year pilot scheme and the MOD has apparently made over £200 million available to fund it.

With cuts to the MoD budget, why has the government decided to provide a new source of funding? Certainly the MoD has made it clear for some time that they don’t want to have responsibility for housing the current number of Armed Forces personnel and their families. Furthermore, it appears that home ownership figures for serving military personnel are low when compared to home ownership in the civilian population. For example, whilst around 70% of officers are home owners, that compares with a full 90% of the similar socio-economic group. For other ranks, the rate of home ownership is much lower – just 35%, which compares with 65% of the equivalent civilian population grouping.

Why is the rate of ownership so low? One of the reasons is that many serving Armed Forces personnel find difficulties in getting mortgages from mainstream lenders, particularly those lenders who use automated credit scoring systems – partly due to a limited credit history caused by frequently being posted abroad, and as result, not appearing on any electoral register.

What happens to AFHOS and LSAP?

The FHTB scheme replaces the earlier Armed Forces Home Ownership Scheme, which has now been scrapped and in addition, the long service advance of pay loan scheme has been frozen. Those already in receipt of LSAP loan is not affected, but no new applications are being taken for that particular scheme.

FHTB looks like being much more popular

It seems likely that there may be significantly more take-up of this new FHTB scheme – but why?

  1. It’s much more generous – allowing a loan of up to half your salary, subject to a maximum of £25K, repayable in monthly instalments deducted from your salary, over 10 years.
  2. It can be used in addition to the existing help to buy scheme, which provides taxpayer insurance of up to 15% of the mortgage.

I want to know more about FHTB

Needless to say, there are limits on the eligibility of the scheme. Click here for much more information on how the scheme will actually work and how it relates to those already with all LSAP mortgage.

Want to buy a home using a FHTB Loan? Contact us today

Our conveyancing team has over 20 years experience in helping hundreds of members of the UK Armed Forces and their families throughout England and Wales in buying their own homes.

• Call our FHTB team directly now on [01264] 364433 for a FREE quote or

• E-mail us using the contact form below

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New military divorce out of hours legal advice

Removing as much stress and anxiety as we can are central planks to our approach to dealing with relationship breakup and divorce in the military. We understand that serving military personnel have very busy lives and responsibilities which often prevent them taking time out for sensitive personal phone calls during office hours. So we have introduced telephone access to our military divorce and family law solicitors during the evenings in and over weekends.

Just call 07807 783805 any time between 5 pm to 9 pm Monday through Friday, or 9 am to 3 pm over weekends to get instant access to our highly specialist military divorce team. And what’s more, this specialist legal advice is free of charge.

Let us know what you think

Does this work for you? Can we do it better or differently? Let us know your thoughts and help us in improving what we do.

Considering a Military Divorce? Contact us today

Whether you are currently serving in the Armed Forces or have retired from the military, if you are cosidering getting divorced, our specialist military lawyers have the experience you  need.

  • Phone [01722] 422300 during the working week or 07807 783805 outside office hours for FREE initial phone advice or
  • Book your place at our free weekly online divorce surgery using Skype video
  • E-mail us using the contact form below

Comments or questions are welcome.

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Deployment – the latest MOD guidance on wills for the military

As you may be aware, the MOD advises all Armed Forces personnel to draw up a Will with a professional adviser prior to deployment.

The MOD106 Will is available to all military personnel but the advice from the MOD now goes further and states where a 106 simply will not be enough and when any service personnel must seek professional/legal advice in certain circumstances. In fact, even the Form 106 basic will form states in bold at the top of the form “you are advised to seek professional/legal advice before completing this form” We set out below in italics the circumstances below – please note this is taken, word for word, directly from the MOD’s own guidance which is printed on the Form 106 will itself ie:

You need legal advice on making a will –

• Where you share/purchased a property with someone who is not your husband, wife or civil partner;

• Where you wish to make provision for a dependant who is unable to care for themselves;

• Where there are several family members who may make a claim on the estate; for example a 2nd wife; children from a previous marriage; children from a relationship of which your partner/spouse is not aware but you wish to take care of them;

• Where your permanent home is not in the UK or if you have foreign bank accounts or overseas properties;

• Where there is a business involved;

• Where the Executor resides outside the UK;

• Where the beneficiary is on state benefits;

• If money is to be held in trust for children, a solicitor MUST be consulted;

• If your estate is complex or likely to be of high value.

Your will – how we can help you

Remember that if we do a Will for you:

1. we will store it for FREE – so you always know its safe [most banks charge for storing a will].

2. you don’t have to change your address every time you move – just let us know where you are if we need to contact you.

3. we will be someone your family can turn to if the worst happens – we can help them with what needs to be done.

4. its a one-off fee with our usual 10% military discount – no more charges!

5. you only need to change your will if something important happens to you such as getting remarried, setting up a business, etc.

The need to review your will regularly

Our Wills and probate team always advise clients to review their will regularly – especially after any significant event such as marriage or the death of a partner. But don’t just take our word for it. Again, the MoD are crystal clear in their advice – right at the bottom of the 106 it states in particularly large, bold letters “you should review your will on a regular basis, especially when your personal circumstances change”.

Thinking of making a military will – contact our military lawyers now

Here at Bonallack and Bishop, Not only are we military law specialists, but we also have a specialist team of 5 wills and probate lawyers. So if you want legal advice on whether your circumstances mean that the MOD106 cannot legally cover you, or on any other aspect of wills or probate, then please contact Jane Bishop;

  • by calling 07771 961050 (you can also text) and she will ensure that you are properly advised.

Alternatively you can complete the contact form below and ask for a call back

Comments or questions are welcome.

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Soldiers injured in battle could now claim compensation

In an historic ruling, the Supreme Court has found that human rights legislation covers soldiers engaged in combat overseas. The court decided that soldiers had inalienable rights under UK law which applied which applied whether they were in the UK or abroad.

The ruling came after the MoD was taken to court by the families of three men who were killed in service in Iraq when their inadequately armoured vehicles were blown up by improvised explosive devices (IEDs). Between 2005 and 2007, Kirk Redpath, Phillip Hewett and Lee Ellis lost their lives and their families sought damages from the MoD for negligently failing to discharge their legal duty of care to protect the soldiers so far as could reasonably be expected. Further claims for compensation were made by the relatives of men who were killed or sustained injuries after the Challenger tank they were in was fired upon by comrades in a separate vehicle. The families argued that the MoD had failed to train the soldiers adequately and that most censurably, it had sent them out in vehicles which were known to be underequipped.

The MoD’s lawyers argued that the claims were invalid because British soldiers were no longer under UK jurisdiction once they left their British base. The idea of “combat immunity” was central to the defence; the idea that it would be unjust and unreasonable to make the MoD’s duty of care apply to troops in the heat of battle.

The Supreme Court looked at various matters including whether or not it would indeed be unfair to impose such a duty of care on the MoD. It also looked into whether or not article 1 of the European Convention on Human Rights covers British soldiers whilst they are abroad (which would assume that they are within UK jurisdiction).

It was found that the principle of combat immunity was not relevant in this case and that the soldiers were within UK jurisdiction, therefore giving them human rights as recognised by UK law. However, whether or not those rights were breached will need to be decided at further trials meaning that the legal battles are likely to continue for some time as families will be able to bring claims citing both negligence and breaches of human rights. It is highly likely that the ruling of the Supreme Court Justices will lead to a host of similar claims but each case will be considered on an individual basis.

The issue of troops being sent into war underequipped has caused major controversy in recent years with stories of troops being forced to buy their own protective equipment shocking newspaper readers. Many have accused the MoD of neglect whilst others have defended the government y saying that it has made the most of limited resources. However, the deaths of the men named in this case demonstrates that soldiers are not receiving the protection they deserve and it is crucial that the MoD responds to the ruling by improving the level of protection afforded to soldiers who are serving overseas.

Call our military lawyers for expert advice on compensation claims

If you are considering bringing a military injury claim against the MoD, you will need to have a specialist military lawyers on your side. The team here at Bonallack and Bishop are military law experts and could help you win the compensation you deserve wherever you are based – at home or abroad.

For FREE initial phone advice and a FREE first appointment about your accident claim,

  • Call us now on [01722] 422300, or complete the contact form below to get in touch.

Comments or questions are welcome.

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