Military claims do not fall within the auspices of the CPR Fixed Uplift Regime
Solicitors and counsel acting for members of the military know that such claims carry their own distinct risks and thus cannot be viewed as “stereotypical” employers’ liability-type claims.
In Broni, Woof and Barbour v Ministry of Defence  EWHC 66 (QB), Supperstone J has confirmed that military claims do not fall within the auspices of the CPR Fixed Uplift regime as defined at Part 45 Section IV (which fixes uplift for employers liability claims at prescribed levels).
In holding that members of the military were not engaged in a contract of service, it followed that they did not fall within the definition of an employee as defined by Employers Liability (Compulsory Insurance) Act 1969 (“the 1969 Act”). In these circumstances, the fixed uplift regime could not apply to claims where members of military brought proceedings against the MoD in respect of events arising during their service.
Whilst of course the impact of this decision is limited given the effect of the recent Jackson reforms, solicitors and counsel acting on pre-April 2013 CFAs may be entitled to enhanced uplift (above and beyond that stipulated by the fixed costs regime) where the case has been appropriately risk assessed to justify such levels of uplift.
Ben Bradley was instructed by Bolt Burdon Kemp as counsel for Mr Wolf and Mr Broni at the liability and quantum stages of their respective proceedings.
The recent judgment can be found here.
Barristers: Ben Bradley