Armed Forces

Abstract

This chapter considers claims brought against the Armed Forces where negligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of liabilities where claimants are themselves members of the Armed Forces, it is necessary to consider the statutory immunity that was conferred upon the Forces. Section 10 of the Crown Proceedings Act 1947 provided the Crown with a broad immunity in relation to tort claims brought by members of the Armed Forces. This immunity was removed by the Crown Proceedings (Armed Forces) Act 1987. The 1987 Act abolished the immunity only prospectively, however, and for harm suffered prior to its coming into force, in May 1987, the immunity continues to apply. Since claims can be brought many years after an injury was suffered if the claimant was not aware of the injury the immunity continues to play a significant role.