12 July 2024

MoD agreement opens door for hearing loss claims

The Ministry of Defence (MoD) is likely to receive thousands more claims for compensation from military veterans who have suffered hearing loss and tinnitus while in service.

Following a new court agreement, the department is no longer disputing claims by veterans that it has a duty of care to former personnel who suffered hearing loss in service. It means that Hugh James, the solicitors representing about 5,000 military personnel with noise-induced hearing loss claims, can move forward with a cohort of historic claims.

In March 2023, the High Court awarded more than £700,000 in compensation to James Barry, a former Royal Marine with hearing loss and tinnitus who took action against the government department. The High Court rejected the argument that the claimant was partially responsible for his hearing loss and the MoD accepted it was negligent in failing to provide adequate hearing protection and training.

The MoD has now formally acknowledged its "duty of care" towards veterans and says that people discharged from duty after 1987 could be eligible for compensation if they can prove their hearing loss relates to time in service.

Its acceptance could open the door for many veterans whose hearing loss claims had previously been rejected on the grounds that other noise sources were to blame, they should have used ear protection or they made their claims too late.

Simon Ellis of Hugh James described the settlement terms as "groundbreaking for servicemen and women seeking justice for their hearing loss".

The BBC reported that more than 9,000 people were awarded a total of £72 million for hearing loss caused by gunfire and explosions between 2012 and 2020.