Christopher Lothian-Field has secured a substantial increase in compensation following a successful appeal before the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal.
The appeal concerned an award made under the Armed Forces Compensation Scheme. The appellant, who has a diagnosis of complex PTSD, challenged the level of award made. The principal issue on appeal was the impact of that condition on his capacity for future work, and whether the existing award properly reflected the evidence.
Following the appeal, the appellant’s lump sum award was increased from £144,200 to £310,051, representing an increase of £165,851.
In addition, the appellant’s Guaranteed Income Payment was increased from 75% to 100%, representing a value of £1,258,895 to State Pension Age. As the Guaranteed Income Payment is index-linked, the true value of that element of the award will increase over time.
The case highlights the importance of carefully scrutinising decisions made under the Armed Forces Compensation Scheme, particularly where the evidence supports a higher award. Appeals before the War Pensions and Armed Forces Compensation Chamber can be technical, evidence-heavy and highly fact-sensitive, but the financial consequences for injured service personnel can be significant.
Christopher was instructed by Hayley Bird of Slater and Gordon. He is grateful to Hayley for her excellent preparation and support throughout the appeal.
To instruct Christopher Lothian-Field, or for further information about the services that Christopher and the PI, Clinical Negligence and Costs Department provide, please contact Senior Clerk, Katie Brown via Email: PI@18sjs.com or by phone: 0161 278 1800.