If your time in the armed forces was served entirely before May 1987 and you are experiencing hearing loss, you may be wondering why you can’t make a compensation claim for your condition. This article explains the legal background and the reasons behind the cut-off date for hearing loss claims, focusing on the removal of Crown immunity and its implications for service members like you.
The Legal Background: Crown Immunity and Its Removal
Before May 1987, the Ministry of Defence (MOD) in the United Kingdom was protected by a legal principle known as Crown immunity. Under this principle, the MOD could not be sued by service members for injuries sustained during their military service, including hearing loss caused by exposure to loud noises. This immunity effectively barred any claims against the MOD, regardless of the circumstances.
However, this changed with the enactment of the Crown Proceedings (Armed Forces) Act 1987. This crucial piece of legislation removed Crown immunity for the MOD, allowing service members to pursue compensation claims for injuries, including hearing loss, that resulted from their service. The Act marked a significant shift, granting service members the right to seek legal redress for negligence on the part of the MOD.
Why Claims Are Limited to Post-May 1987 Service
The removal of Crown immunity in May 1987 is the key reason why hearing loss claims are restricted to service after this date. Here’s why:
Legal Recourse Became Available Only After May 1987
- Before the Crown Proceedings (Armed Forces) Act 1987, service members had no legal means to hold the MOD accountable for injuries like hearing loss. With the removal of Crown immunity, veterans gained the right to sue the MOD for negligence, but this right only applied to service from May 1987 onwards. Consequently, any hearing loss suffered before this date falls outside the scope of this legal protection, making it impossible to pursue a claim.
Injuries Before May 1987 Are Not Legally Compensable
- Because the legal framework allowing for claims against the MOD only came into effect in May 1987, injuries or conditions that arose from service before this date cannot be legally compensated. This is a direct result of the law, not a reflection of the severity or validity of the hearing loss experienced by pre-1987 service members.
No Retroactive Application of the Law
- The Crown Proceedings (Armed Forces) Act 1987 does not apply retroactively. This means that it cannot be used to address injuries sustained before the law was enacted. The legal system in the UK generally does not apply new laws to past events unless explicitly stated, which is not the case here. As a result, hearing loss claims are limited to those whose service occurred after the removal of Crown immunity.
Addressing the Concerns of Pre-1987 Service Members
It is understandable that this legal restriction may feel frustrating, especially if you are dealing with hearing loss that you believe was caused by your military service. Unfortunately, due to the legal protections in place before May 1987, there is no current avenue to pursue compensation for hearing loss related to service during that period.
However, if you served at any point after May 1987, even briefly, you may still be eligible to make a claim for hearing loss. It’s important to review your service records to determine if any of your service occurred after the cut-off date.