Paratrooper wins £1.7m compensation in rare case

A paratrooper who lost his left leg when trying to rescue a colleague from a minefield has been awarded £1.7m in compensation from the Ministry of Defence, including £600,000 for prosthetic limbs and £270,000 for his future care.

Sergeant Stuart Pearson was awarded the compensation for his ‘pain, suffering and loss of amenity’ at the High Court.

Mr Pearson made a negligence claim against the MoD following the incident for ‘breach of duty before contact with the enemy’. The case is a rare example of a soldier being able to make a court claim outside the Forces Compensation Scheme. The MoD is usually exempt from such claims under 'Combat Immunity'.

The court heard that there is a possibility that Mr Pearson’s right foot may also need to be amputated because of his injuries. Further damages may be paid out should this happen.

A statement from Mr Pearson’s solicitors, MPH Solicitors, said:

“Sergeant Pearson is currently recovering from a further operation and is still a serving soldier and proud to hold that position.

“[This] hearing was not about £1.7m damages settlement.  The headline figure is in fact £1.775m and represents the full value of Sergeant Pearson's claim, taking into account the seriousness of his injuries and the calculation of lifelong losses including care and aids and equipment. Sergeant Pearson will not receive this amount. 

 An out of Court settlement has been negotiated with the Ministry of Defence whereby he receives a percentage of full value to reflect the MoD's argument that this incident was covered by Combat Immunity.

“I am not at liberty to disclose the sum that Sergeant Pearson will be receiving but I know that he would also like to stress that he gives up his Armed Forces Compensation Service benefit (guaranteed income payment) in return.

“[This] Court hearing was about the right for Sergeant Pearson to go back to Court in the future and secure a further sum to deal with future losses in the worst case scenario which in his case is further amputation.  This right has been approved by the Court.

“Most personal injury cases settle on a full and final basis – if the worst case scenario happens nothing can be done.  In the circumstances of Sergeant Pearson's injuries the Court has agreed that the fairest way is to give him the right to claim further compensation should this occur.”