A Sergeant who was assaulted by his colleagues whilst stationed in Cyprus has recovered substantial damages from the Ministry of Defence following a fight for justice which has lasted almost 6 years.
Sgt X had received professional appraisals of excellence and was due for further promotion at the time he was subjected to an unprovoked assault which resulted in physical and psychological injuries which ended his career.
Sgt X’s case was that the assailants were seeking to enforce Mess Rules which prohibit the wearing of trainers in the Warrant Officers’ and Sergeants’ Mess bar. The assault occurred during the course of Sgt X’s employment and was carried out by employees of the MoD. A claim was brought against the MoD on the grounds that they were vicariously liable for the actions of their personnel.
The MoD denied liability throughout and the case was due to be heard at the High Court in London in April 2017. The MoD agreed terms at a settlement meeting on 8 December 2016.
Sgt X’s solicitor, Helen Clifford, head of personal injury at MW Solicitors said
“I am delighted that we have finally achieved justice for Sgt X. Not only was he assaulted in a shocking and unprovoked attack, he was denied justice through the Army’s internal procedures. The MoD has fought this case and denied liability throughout. Despite being turned away by 2 previous firms of solicitors Sgt X was determined to fight for justice. His determination is a testament to what a fine soldier he was. I would urge the MoD to review its policies in relation to the consumption of alcohol by personnel on military basis. Sgt X is not alone in having been subject to such an assault”.
Sgt X said
“This savage unprovoked assault was carried out because I was wearing white trainers in the Warrant Officers’ and Sergeants’ mess bar. I was assaulted by work colleagues while posted overseas. The attack was likened to the actions of a ‘pack of wolves’. During the prolonged attack I suffered severe head injuries leading to memory loss, physical and psychological injuries which ended my military career.
Me and my family have been totally appalled by the whole Military legal system throughout the 6 years. The MoD, Service Prosecuting Authority, and the Service Police, all have failed under its own produces and guidelines to protect its employees. The legal process was a long drawn out process from start to finish misleading, inaccurate and unpleasant. A lot of buck passing was obvious and self-preservation. Subsequently as a victim of a very severe assault I feel there was a serious failings throughout the organisation which was unsupportive and grossly negligent.
We have been with 2 previous solicitors and we were not happy with the way our case was been dealt with so we changed to Helen Clifford, who achieved us the right result. This was overwhelming to say the last. Receiving a positive outcome on my case has been the best news for a long time. The services provided by Helen and her team at MW were outstanding, exceptional in her field, Helen is efficient and very friendly. She conducted our case with great care and professionalism. After 2 previous solicitors we needed someone that we could trust, not only did we trust Helen but we could see she believed in us. I would highly recommend McMillan Williams Solicitors, in particular Helen Clifford and her legal family. I found myself in a situation with the MoD I was nervous and apprehensive about how to deal with the MoD. Helen and her team took me through the legal process with ease patience and diligence. She just took the weight off my shoulders whilst keeping me in the loop at every stage. Her negotiation skills were unwavering and confident which ensured me the best possible result for my case. Can’t thank you enough nothing short than first class."
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