Our client has been awarded £750k gross in compensation for the severe cold injury he sustained during his military service. At Hugh James, we have represented and continue to represent many military personnel who have suffered similar injuries.
Mr R enlisted in the British Army in 2006 at the age of 19. He underwent basic training in November 2006 at Catterick, followed by Phase 2 training, after which he passed out into the Field Army to 1 Rifles, Chepstow, in 2007.
Cold exposure incidents
In 2008, he attended the All-Arms Commando Course at Lympstone. This course ran for eight weeks. The first week was an induction and the following seven weeks involved field exercises.
R’s first injury occurred during the first exercise of the course. The Commando Course took place in very cold and wet conditions. There was snow and ice on the ground throughout the exercise, which lasted for a few nights. The trainees were outdoors for the entirety of the exercise and slept outside under a “Bivvy”. R had to complete patrol duties and STAG (sentry) duties in the cold. During night training, the Claimant was ordered to submerge himself in icy water. He was not given the opportunity to warm up afterward but instead had to complete a two-hour night navigation exercise immediately followed by STAG duty. There was no opportunity for him properly to dry his daytime kit over the course of the exercise. His kit was constantly damp throughout the exercise. He had no choice but to continue to wear the wet kit.
During one of the STAG duties, he noticed that his hands and feet were very cold, and he began to experience numbness and pins and needles. On waking up one morning, he realised that his right hand had become white, and he was unable to use it properly. The Claimant was removed from the exercise and taken back to camp by the directing staff. He returned from the Commando Course and reported to the medical centre at Lympstone with excruciating pain. After two days, his symptoms stabilised. He was discharged from the medical centre. He was not allowed to return to the Commando Course.
He was eventually referred to the Institute of Naval Medicine in Gosport, where a diagnosis of non-freezing cold injury was confirmed following an examination in February 2011.
Mr R also suffered from cold exposure at Pre-Deployment Training in December 2010 – January 2011.7. R was required to practice patrolling, clearing compounds, stopping vehicles, and dealing with attacks, and most of the exercise was spent outdoors.
During one of the night patrols, it started to snow. R noticed that his hands and feet were becoming increasingly cold, and he felt similar pins and needles from his time on the Commando Training Course. He could not feel or move his toes in his boots. He reported his symptoms to the medic in the patrol base. They carried out an inspection and removed him from the exercise. He was then referred to the Institute of Naval Medicine in Gosport, where a diagnosis of non-freezing cold injury was confirmed.
Mr R was initially downgraded and placed on limited duties. He was not allowed to deploy because of his injury. He was later medically discharged in 2013 as a direct result of his non-freezing cold injuries.
The effect of a cold injury
Mr. R’s life took an unexpected turn after he suffered a severe cold injury during his military service, an incident that left lasting impacts long after his discharge. A dedicated and passionate serviceman, R enlisted in the British Army at age 19 with the intention of serving a full military career. He was an ambitious soldier who had intended to serve a full term and to make a career for himself in HM Armed Forces. He was proud of his service in the Army. He particularly enjoyed the sense of camaraderie and “brotherhood” with his fellow soldiers. Before the initial injury sustained on the All-Arms Commando Course, his goal had been to serve a full term and potentially to join the Special Forces.
However, the cold injury he sustained led to chronic health issues that ultimately resulted in a medical discharge, putting an end to his dream career. The transition to civilian life was harsh and unrelenting, as the physical pain and limitations imposed by his injury made everyday tasks a struggle. The loss of his military career not only stripped him of his professional identity but also led to emotional and psychological challenges, leaving him with a sense of purposelessness and frustration. Mr.R’s story is a poignant reminder of service-related injuries’ profound and often overlooked consequences, extending far beyond the battlefield.
Life after the military
Due to the nature of his injuries, he is disadvantaged on the open labour market since he cannot work outside in cold conditions. Since leaving the British Army, he has had to turn down a job as a labourer since this would have involved outdoor work in the Winter.
Mr R finds it upsetting that he cannot spend time outdoors with his children when it is cold. He is also unable to do activities such as skiing and camping in cold weather. His permanent sensitisation to the cold has a significant impact on his daily life. R is now aged 38 years and experiences continuous numbness in the tips of his fingers and toes throughout the year. In cold conditions, he has pain when rewarming. He will remain sensitised to the cold for the rest of his life and further exposure to cold conditions will cause his condition to worsen.
Help from Hugh James.
Mr. R reached out to the Hugh James military team for assistance with his compensation claim. Recognising the profound impact the cold injury had on his life, the team reviewed his case, gathering the necessary evidence to support his claim. The team was able to secure a substantial compensation amount, providing Mr. R with much-needed financial relief and a sense of validation for his suffering. This compensation helped to cover past expenses, loss amenity, compensate for being disadvantaged in the open labour market and future miscellaneous expenses. AS R enlisted in the British Army at age 20 with the intention of serving a full military career. He was an ambitious soldier who had intended to serve a full term and to make a career for himself in HM Armed Forces. He was proud of his service in the Army. He particularly enjoyed the sense of camaraderie and “brotherhood” with his fellow soldiers. Before the initial injury sustained on the All-Arms Commando Course, his goal had been to serve a full term and potentially join the Special Forces. He was ultimately medically discharged from the Army on account of his NFCI. But for his injuries, he would have remained in HM Armed Forces for a full-service career and would have been promoted.
Settlement
Mr R’s claim was due for trial in November 2024; however arrangements were made with the MOD to discuss his claim out of court, with the aim to settle at the earliest stage. Fortunately, the claim settled within the Joint Settlement Meeting for the sum of £750,000 gross. This result reflected the loss of earnings and pensions, among other benefits that Mr R will have lost as a result of being medically discharged for his NFCI and not being able fulfil his ambition of a full term of service.
Lloyd Pike, Solicitor in our Military department comments:
“Mr R was set in military life and dedicated to service. He intended to serve 24 years and promote through the ranks. Had he not sustained his preventable cold injury in service, he would have continued to commit his life to the Army. When Mr R sustained his cold injury and subsequently discharged from service, he became lost and has struggled to find his way and transition into civilian life. We have represented Mr R since 2019 and are pleased to have secured a settlement which reflects the financial impact that the cold injury has and will continue to have on Mr R.”
