Written by Hannah Baker, Associate in our Military department.
The Ministry of Defence has started to settle liability in thousands of military hearing loss claims dealt with by Hugh James, following a landmark agreement in July 2024.
Last month, we confirmed that Hugh James had reached a settlement with the MoD in which the MoD agreed to drop a number of legal defences that have delayed military personnel from securing compensation in hearing loss claims for decades. This agreement is the first of its kind and a significant development that will benefit thousands of military personnel currently suffering from hearing loss and tinnitus.
As part of the agreement, the MoD will no longer raise a number of common defences including that it did not owe a duty of care to claimants, that the claims are being brought out of time and that the claimants were not exposed to enough noise. This means that claimants represented by Hugh James only need to prove that their hearing loss was caused by their time in service.
The MoD has now started making liability offers to claimants who are already represented by Hugh James, with over 2,000 claimants set to receive offers over the next few weeks and months. In total, there are over 5,000 claimants currently represented by Hugh James who are guaranteed to receive offers to settle liability in their claims.
The offers being made are in line with the terms of the agreement and mean that the majority of issues previously in dispute for these claimants have now been resolved in their favour.
Under the terms of the matrix agreement, the MoD is not obliged to offer the same terms to any claimants who are not represented by Hugh James. New claimants can sign up to the matrix until 30 January 2026, but anyone who believes they may have a claim should register with Hugh James as soon as possible.
Simon Ellis, Partner and Head of the specialist Military Department, commented:
“I’m pleased that we are starting to receive offers in line with the agreement Hugh James has negotiated with the MoD on behalf of our clients. These offers mean the MoD can’t argue that our clients are too late to bring their claim, or that the MoD is not liable to our clients for their hearing loss. I would encourage anyone who thinks they have hearing loss due to their military service to get in touch with Hugh James as soon as possible. We can advise on how you can benefit from the agreement we have with the MoD and take your claim forward.”
