Birch v MOD High Court of Justice claim no 9MA91625
Judgment given 31/07/2012
Before; His Honour Mr Justice Blair
“The Judge’s decision in this case is very difficult to accept, it is our opinion that the Judge’s findings were wrong and he overlooked evidence in making his Judgement.
“His findings on the MOD’s state of supervision and systems failure are not compatible with what was heard in court.
“Evidence was given by another Marine in Tom’s unit, confirming that he frequently drove without the military licence required to do so, to the knowledge of the commanding officer.
“The failure to recognise a breach of duty of care on the part of the MOD in this case is quite shocking, particularly given the age of the claimant.
“Tom was 17 years old when he joined the army and his parents signed over their parental care to the MOD.
“He was only 18 when this terrible event occurred, robbing him of his army career and a normal life and returning him broken to his parents care. They are struggling to come to terms with the extent of his brain injury.
“It saddens the legal team who represented Tom for so long in this fight, that we cannot move on in helping Tom to live as near normal life as possible.
“The MOD need to think hard about their stance in this case. This is by no means a victory, it has left a severely injured serviceman and his family struggling to cope.
“We are currently applying to the Trial Judge for permission to appeal this decision in the Court of Appeal.”
Hilary Meredith Solicitors Ltd
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