Guidance

What we do and the types of claims we handle

Updated 23 June 2023

1. What CLC&P does

The Common Law Claims & Policy Division (CLC&P) is responsible for processing common-law, non-contractual compensation claims against and on behalf of the Ministry of Defence (MOD) at home and abroad. It is not responsible for quasi-contractual, maladministration, sales or estates matters.

In addition to being responsible for processing common law compensation claims, the CLC&P also has a number of other important responsibilities such as providing claims policy advice, handling third party claims against foreign forces based in the UK and providing advice on insurance. It also undertakes various secretarial tasks and continues to deal with a large number of Parliamentary Questions, ministerial correspondence, treat official and freedom of Information requests.

1.1 The CLC&P senior management team consists of :

• Head of Claims, Inquests and Disclosure Unit (CIDU) (SCS 1)
• Deputy Head of CIDU-CLC&P
• Senior Claims Officer (Claims Handling)
• Senior Claims Officer (Policy)

2. Types of claims

2.1 Service and civilian personnel employer’s liability (EL)/clinical negligence

Novel, contentious, complex or sensitive EL claims covering:

• miscellaneous claims from serving and former personnel including defective enlistment, false prosecution and unlawful detention
• low flying claims relating to military low flying activity in England, Scotland, Wales and Northern Ireland
• clinical negligence claims for compensation from service personnel and their dependants and civilian staff where it is alleged that the MOD has acted negligently including alleged; failure of the MOD to recognise, diagnose and treat their Post Traumatic Stress Disorder.

2.2 Combat immunity claims

Claims relating to service in Iraq and Afghanistan in which it is open to MOD to plead a defence of combat immunity.

2.3 Public liability (PL) claims

• sensitive PL claims, including personal injury and property damage.
• overseas road traffic accidents where there is no Area Claims Officer in the region.
• maritime claims including accidents, salvage, collisions and damage to fishing gear.

2.4 Visiting forces

Claims against visiting forces in the UK (under Section 9 of the Visiting Forces Act 1952 and Article VIII of the NATO Status of Forces Agreement).

2.5 Northern Ireland claims

Politically sensitive claims from members of the public arising from the activities of the HM Forces in Northern Ireland.

2.6 Vehicle claims

Privately owned vehicle damage claims and road traffic accidents overseas in countries not covered by an Area Claims Officer (ACO) in the region.

2.7 Overseas operations

Claims policy relating to overseas operations and advice to ACOs in Afghanistan, Cyprus, north west Europe and the South Atlantic Islands.

2.8 Compensation scheme for radiation linked diseases

Claims for compensation due to illness alleged to have been caused by occupational exposure to radiation.

2.9 Criminal injuries compensation

Criminal injuries compensation claims from MOD civil servants’ dependants based overseas.

2.10 Non-maritime recoveries

Recovery of MOD’s uninsured financial losses, excluding those arising from traffic accidents in the UK.

2.11 Iraq and Afghanistan

PL claims arising from operations in Iraq and Afghanistan.

3. Claims policy

3.1 MOD’s insurance arrangements

Responsible for policy on the MOD’s insurance arrangements (non-contractual) for a range of core and non-core business activities, including non-core aviation risks; Liaison with MOD’s insurance brokers on repayment/income generation projects.

3.2 Employer’s liability (EL), Public Liability (PL) and third party motor (TPM) claims

Responsible for policy relating to employer’s liability and third party motor liability claims, managed by the MOD’s claims administrators.

3.3 Contract management

Responsible for the management of the MOD’s EL, PL and TPM claims handling and legal services contracts and MOD’s contract for the provision of insurance brokerage services.

3.4 Financial management

Responsible for the payment of suppliers’ bills and the management of periodic payments.

4. Contact details

COVID-19: Correspondence Request

In light of current public health advice and to minimise any delay, we request that all communications are sent to us by email only and not in hard copy. Thank you for your cooperation.

Compensation claims against the Ministry of Defence in respect of EL for Service Personnel and Civilian staff, Public Liability including personal injury, or claims from a Third Party involved in a road traffic collision with a MOD vehicle in the UK:

Topmark Claims Management Solutions (part of the Davies Group)

Topmark Claims Management Solutions (part of the Davies Group)

• Employer’s Liability and Public Liability Claims E-Mail: Defence.CM@davies-group.com
• Sensitive Documents: defence.mailbox@tmcm.cjsm.net
• Motor Claims E-Mail: Motor.CM@davies-group.com

Phone: 0141 331 6831 Fax: 0141 353 2250

All other compensation claims, including those for alleged Clinical Negligence:

Ministry of Defence, SPO CIDU: Common Law Claims and Policy

Email: SPODJEP-ClaimsGeneral@mod.gov.uk
Phone: 0207 218 1842/0380

To make a Freedom of Information (FOI) request email: cio-foi@mod.gov.uk

5. Service of Court Proceedings

5.1 England and Wales

In accordance with Part 66 of the Civil Procedure Rules and Practice Direction 6.10, read in conjunction with Section 17(3) & 18 of the Crown Proceedings Act 1947, the service of proceedings against the Ministry of Defence will be served on the Government Legal Department who are the authorised Government Department to accept service of court proceedings where proceedings are issued in England and Wales.

The Government Legal Department cannot accept “personal service” subject to Part 6.5 (2) (b) and 6.22 (2) (b) of the Civil Procedural Rules as a claim form cannot be served personally in any proceedings against the Crown.

Government Legal Department
Email: newproceedings@governmentlegal.gov.uk
Phone: Litigation enquiries 020 7210 8500

5.2 Scotland

Office of the Advocate General
Email: oaglitigationmailbox@advocategeneral.gov.uk

5.3 Northern Ireland

The Crown Solicitor
Royal Courts of Justice
Chichester Street
Belfast
BT1 3JY

Phone: 028 9054 2555