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MoD admits liability in soldier-on-soldier assault case

01 August 2008

The Ministry of Defence has admitted liability and agreed to pay £127,000 damages after an off-duty soldier-on-soldier assault left the victim seriously injured and suffering depression.

Karl Shepherd – an ‘exemplary soldier’ – who served in Afghanistan and Northern Ireland, and who was decorated, left the Army following the attack by two fellow soldiers, at Killymeal House Barracks, Dungannon, Northern Ireland, in May 2003.

Shepherd, from Lowestoft, Suffolk, sustained injuries including a fractured cheek bone, broken ribs and bruising to his body. He had planned a career in the Army, intending to serve a minimum of 12 years in the Royal Anglian Regiment, but the psychiatric problems triggered by the assault forced him to leave.

In a groundbreaking case, the MoD admitted vicarious liability for a breach of its duty of care to Shepherd, who now works on offshore oil rigs, but who says he has not lost a long-standing love of the Army, and which he would consider rejoining.

It has agreed to pay £127,000 damages plus costs. The damages represent loss of earnings in respect of his Army career, loss of armed forces pension and loss of associated armed forces benefits.

The claim was due to be tried at the High Court in July 2008. Shepherd contended that the MoD should be held liable on the basis of the following facts:
• the assault took place on base
• the attackers had been drinking in the base’s two bars prior to the assault
• all soldiers on base were effectively on operational duty
• one of the attackers attempted to pull rank on the victim before the assault

It was also alleged that the MoD was negligent for failing to prevent the assault taking place and/or failing to protect the claimant and/or failing to supervise the base properly and/or failing to enforce discipline.

The MoD initially argued that it was neither vicariously nor directly liable for any assault, contending that the soldiers who committed it acted outside the course of their employment.

It is the first case of the armed forces admitting vicarious liability for a soldier-on-soldier assault unconnected with combat or training.

Shepherd was represented by Joanne Jefferies of the serious injuries unit at national law firm Shoosmiths. Counsel was Andrew Ritchie and Stuart McKechnie, of 9 Gough Square.

 

For further information please contact:
Name: Alastair Gray
Phone: 08700 864096
Email: Alastair.Gray@shoosmiths.co.uk

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