FAQ

The claim is civil and not public knowledge unless you want it to be. If you are still serving, your employer is not able to penalise you formally for claiming against them. In some instances, claiming can become public knowledge if court proceedings are issued.

If you are physically able to perform the job role there should be no reason it would affect any future employment. 

As stated on your CFA, we ask for permission to ask HMRC for your employment records; this is for the sole purpose of verifying your work history and making sure the dates correlate with your claim.

Yes, this is a civil claim and can still be done even if you have been rejected or awarded either War Pension or Armed Forces Compensation Scheme Payments. 

Yes, if a portion of your service was carried out in England you can claim no matter where you live now. 

Each case is different. However, there is no reason a medical discharge would affect your ability to claim. However, the circumstances of your discharge may affect the apportionment of the claim period or claim amount. 

Aside from your legal representatives and the MOD, nobody will know you have claimed. However, it is worth noting that court proceedings can become public if they are pursued.

We ask that, as a minimum, one or two years of your service were completed after 1987; for example, if you joined in 1986 and left in 1995, this would be more than half of your service after 1987.

Before 1987, the MOD was immune from legal action until the case of Smith v Ministry of Defence in 1987 which meant that it was now possible to sue for damages. This cannot be challenged, and although it may seem unfair, we can accept cases with a couple of years of service post-1987.

We cannot guarantee any amount you may or will be entitled to. However, historically, many cases have had settlements upwards of £10,000 and some much more. This is very much dependent on the circumstances of the individual, and no case is the same. 

It is important to instruct a solicitor as soon as you become aware you can claim. There are no strict timeframes, unlike traditional personal injury cases; however, the sooner you do it, the better your chances of a successful outcome.

If your case progresses to litigation, you may need to go to court. If this happens, your legal representative will be with you throughout the process. There is nothing to be nervous about, and provided your claim is full and factual, the outcome should be satisfactory for everyone. 

Cases have taken much longer than anticipated, and this is because of the sheer unexpected volume coupled with the capacity of courts in England post-Covid. The backlog has now somewhat been cleared; however, it will take a long time for things to return to normal. Many cases are also being dealt with by group action. This means that the court must treat these cases in a specific way; in the short term, this has delayed other cases; however, in the next year, it will mean the process will speed up considerably. We anticipate these cases to take 2-3 years. However, we are hoping this will be sooner, depending on if your case is settled out of court. 

We work on a no-win, no-fee basis. This means that your case is covered by insurance, and if it is unsuccessful, the insurance will pay all the fees.

If you are successful, a success fee will be taken from your final amount, which is 25% (including VAT) and the insurance policy premium. This fee ensures we can work on your case with the best legal representatives and, ultimately, get you the compensation you deserve.