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Falklands Veterans Sue British Government.

Wednesday, February 27th 2002 - 21:00 UTC
Full article

A vital court case in which Falklands and other war veterans are suing the British Government over battle stress begins in the High Court in London on Monday (March 4th) and is expected to last about six months. It will have far-reaching consequences whichever side wins.

The hearing focuses on eighteen test cases selected from about 180, brought by servicemen who fought in various conflicts. They are claiming compensation, alleging the Ministry of Defence failed to recognise, diagnose and treat post-traumatic stress disorder (PTSD). One of their lawyers says: "The armed services should have taken better steps to combat this deeply-disabling condition that has left many veterans emotionally scarred and unable to work".

The servicemen blame their suffering on their experiences in the Falkland Islands and other military actions including the 1990 Gulf War, Bosnia and Northern Ireland. They stand to gain compensation exceeding 100-million pounds (140-million dollars), with each man possibly receiving at least £300,000 (430-thousand dollars) to make up for loss of earnings, and ruined lives, as well as legal fees.

Defence Ministry denies neglect

Contesting the case, the Ministry rejects allegations of lack of care. It has issued a statement declaring: "The Ministry does acknowledge that some members of the Armed Forces may, during the course of their careers, be subjected to traumatic experiences and may suffer stress as a result. This does not necessarily mean that the MoD has been negligent or that the individual will receive compensation.

"We do have a duty of care to ensure that Service personnel receive proper treatment during their period of service and where we fail in this respect, and the individual suffers some loss or damage as a result, then the individual may be entitled to compensation. It would be inappropriate to comment further due to the pending court action."

One Falklands and Northern Ireland veteran, Alexander Findlay, of the Scots Guards, who saw colleagues killed and wounded in the battle for Mount Tumbledown, won compensation of £100,000 (140-thousand dollars) in 1994 without the Defence Ministry accepting liability. He said: "No amount of money can compensate for what I have suffered".

Battle stress history

The veterans involved in the present court case include 40 Welsh Guardsmen who were trapped aboard the Royal Fleet Auxiliary Sir Galahad, bombed and set ablaze by Argentine Skyhawks at Fitzroy in the biggest British disas

Categories: Falkland Islands.

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