Commons Sense

House of Commons · Ministers' Questions

Veterans: Vexatious Legal Claims

Monday 2 November 2020 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Ministerial Department introduced the Overseas Operations Bill to address vexatious legal claims against veterans and service personnel.
  • Bill aims to end repeated investigations against armed forces and veterans involved in overseas operations.
  • Veterans retain the right to claim against the MOD for personal injury and clinical negligence unrelated to overseas operations.

Topics (select to filter)

Questions & Answers

Context

The issue concerns the vulnerability of veterans to unjustified legal claims that may hinder their well-being and recovery.

Question

What steps his Department is taking to protect veterans from vexatious legal claims. The concern arises due to instances where veterans face legal challenges that are perceived as unjust or without merit, impacting their mental and physical health post-service.

Answer from Johnny Mercer

We have introduced the Overseas Operations (Service Personnel and Veterans) Bill to help tackle vexatious claims and end the cycle of re-investigations against our armed forces personnel and veterans. The majority of personal injury and clinical negligence claims by service personnel and veterans against the MOD do not relate directly to overseas operations so will be unaffected by the Bill.

Partly answered

Not addressed: The specific ask about protecting veterans' rights to claim against the MOD was partially addressed but not fully clarified.

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Context

The concern is about ensuring that veterans retain their right to seek justice through legal means for issues arising from their service, without being hindered by reforms aimed at curbing vexatious claims.

Question

I thank my hon. Friend for his response. Can he give me and the whole House assurances that veterans' rights to claim against the MOD will in turn remain protected? The question arises as there is a need to balance protective measures for service personnel with ensuring fair access to justice for legitimate claims.

Answer from Johnny Mercer

Yes. The majority of personal injury and clinical negligence claims by service personnel and veterans against the MOD do not relate directly to overseas operations so will be unaffected by the Bill. Veterans will still be able to bring claims relating to overseas operations against the MOD within a reasonable timeframe.

Partly answered

Not addressed: The specific ask about ensuring that all legitimate rights are protected was partially addressed but without full clarity on protections for all types of claims.

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