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15 October 2009 / personal-injury-news
Appeal judges have ordered that compensation awards made to two members of the armed forces are to be reassessed, opening the possibility for the amounts to be reduced. The ruling was in response to a legal challenge by the Ministry of Defence on compensation awarded to the injured soldiers following a ruling by the Pensions Appeal Tribunal.
The tribunal had awarded increased compensation to the two injured servicemen, Light Dragoon Anthony Duncan and Royal Marine Matthew McWilliams. Cpl Duncan spent two years in rehabilitation after being shot in Iraq in 2005 and was shipped this April, along with his Light Dragoons colleagues, to fight in Afghanistan for six months.
The 27-year-old had his initial compensation award of £9,250 increased to £46,000 by the tribunal. Marine McWilliams, meanwhile, who fractured a thigh during training, had his £8,250 award increased to £28,750. Lord Justice Carnworth said the tribunal had wrongly applied two elements of the formula which calculated the awards.
Ministers initiated the challenge due to concerns that the increased payouts may set a precedent for further military injury cases, potentially costing taxpayers millions in increased compensation payouts.
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