Written question asked by John Grogan (Labour) on Thursday, 11 February 1999, in the House of Commons. It was due for an answer on Monday, 22 February 1999. It was answered by Doug Henderson (Labour) on Monday, 22 February 1999 on behalf of the Ministry of Defence.

Ministry of Defence

Question: To ask the Secretary of State for Defence, if he will introduce legislation to ensure that in an action for liability in tort against the armed forces a plaintiff need not in all cases show negligence on the part of the Crown. - Inc ref to Crown Proceedings (Armed Forces) Act 1987.

Answer: Mr. Grogan: To ask the Secretary of State for Defence if he will introduce legislation to ensure that in an action for liability in tort against the armed forces a plaintiff need not in all cases show negligence on the part of the Crown. [71689] Mr. Doug Henderson: My Department has no plans to introduce legislation that will affect the present position in respect of its liability in tort in cases involving members of the Armed Forces. Since the enactment of The Crown Proceedings (Armed Forces) Act 1987, which was not made retrospective, members and former members of the Armed Forces have had exactly the same rights as their civilian counterparts to pursue their employer, the Ministry of Defence, for common law compensation arising from my Department's negligence. When claims for compensation are submitted, they are considered on the basis of whether or not my Department has a legal liability to pay compensation. Where there is a legal liability to pay compensation, it is paid in accordance with common law principles.

Secondary information

Type: Written question
Reference: 71689; 326 c36W
Session: 1998-99
Subjects: Compensation Armed forces Casualties Crown proceedings Liability Negligence Torts