Tag Archives: Phil Shiner

For Once the MOD is Right (and the Lawyers are wrong again)


Oh dear. The legal profession is having a bad run of luck with the MOD, which has announced plans to remove the right of soldiers to sue it for negligence. Instead it will return to paying compensation on a no-fault basis.

While the lawyers complain vociferously about infringement of rights, a quick study of history and the facts means that, for once, the MOD has got it right.  Before the repeal of the Crown Immunity all soldiers got fixed rates of compensation for injuries; £x for a leg, £y for a finger etc.  The compensation was produced quickly, with no real fuss and no protracted legal wrangling.  And no legal costs.  Continue reading For Once the MOD is Right (and the Lawyers are wrong again)

The MOD’s Iraq Problems Show the Weakness of UK Government.


Ex Army MP Johnny Mercer’s inquiry into the operation of the Iraq Historic Allegations Team (IHAT) will recommend that it be shut down. Right answer, but way too late.

IHAT was set up to establish to investigate allegations of mistreatment of Iraqis by the British Army following the invasion of Iraq.  The MOD, which funds it, claims that it was compelled to set it up as it was independent of the British Army; the concern was that otherwise the UK might find itself as a defendant in the International Criminal Court.  There were concerns that, following the death in British Army custody of Baha Mousa in 2003, the British Army was insufficiently impartial to investigate such matters – although in fact the perpetrator was identified, convicted and imprisoned. Continue reading The MOD’s Iraq Problems Show the Weakness of UK Government.