MoD warns of potential £50BILLION compensation invoice for listening to loss
The Ministry of Defence has admitted failing troops rendered deaf by service, but has now asked a court to limit payouts because of the massive bill it could face
Royal Marine commandos take cover as a Chinook helicopter kicks up the dust in Afghanistan in 2007(Image: PA)
The Ministry of Defence has told a court it faces a potential £50billion bill for causing permanent hearing damage to troops over decades.
Documents revealed by a long-running lawsuit show top brass were warned, but ignored the risks. Now a judge has been told the bill could amount to 76% of the MoD’s budget, which would decimate Britain’s ability to protect itself.
At least 70,000 veterans are thought to be affected, with some rendered profoundly deaf and unemployable. Several have already received payouts of up to £550,000 for a lifetime of lost earnings.
Former Royal Fusilier Stephen Hambridge said: “On two tours of Afghanistan I was given one pair of foam earplugs, but they soon got dropped in the dirt, and you can’t use them with the radios. It was only after I spent 107 days next to rows of mortars dealing with six hostile contacts a day that I got silicone in-ear defenders with radio transmitters inside them. But by that point it was too late.”
A live music concert is around 110 decibels, and the human pain threshold starts at 120dB. Mortars in use by the British armed forces can reach 185dB, at which point tissue death is a certainty without protection.
Now the MoD is battling to time-limit future claims to save money, but if it succeeds in doing so will betray its veterans all over again.
MoD barrister David Platt KC told the High Court in December that if half of those affected got just £150,000 each “the cost to the public purse would be billions… I made it £50 billion.” He warned: “The cost to frontline services in the military – this all comes from the military budget.”
Mr Justice Garnham replied: “I am not sure that is a consideration I can legitimately take into account. If it turns out, on a proper analysis of the law and the facts that that is the proper measurement of damages, then que sera.”
Simon Ellis of Hugh James solicitors which is acting for 12,000 veterans in the current case, said: “These are people in their 30s who need specialised hearing aids and have become medically incapable of the work they’re trained for. The MoD was forced to make concessions and admit it breached its duty of care. Now it’s seeking to limit future claims because to pay for all of its wrongdoing would bankrupt it.”
The case began in 2021 after veterans were offered paltry lump sums by the MoD. After years of wrangling, a deal was agreed last year in which all those with a claim dating back to 1987 would be compensated. Now veterans are awaiting a High Court judgement on a trial about the extent of negligence and damages, which is expected next month. The majority of those affected are believed to be ex-army and Royal Marines, with other claimants from the Royal Air Force and Royal Navy.
But there is a deadline of January 31, and any claims brought after that will be limited to injuries sustained since 2022 – well after the withdrawal from Afghanistan. Payouts will be calculated on how much of the deafness was linked to service, and its long-term impact. The judgement is expected to define the calculation to be used in the current claims, but future claimants could miss out if the MoD is successful in limiting timescales.
Documents revealed during the legal process show rates of hearing loss in the armed forces have not changed in decades, despite new technology. One MoD report dated 2012 notes that data “has been re-analysed in accordance with previously published studies dating back to 1965. This has shown that the prevalence of hearing impairment in infantry personnel has not improved to a statistically significant extent.”
A MoD spokesman said it had a “robust noise injury prevention policy in place” but could not comment on the ongoing case. She added: “We take the health and wellbeing of our personnel seriously and always look at how we can reduce noise levels in their working environment. This is alongside providing training, protective equipment and regular hearing tests to detect any early signs of hearing loss, so action can be taken if necessary.”
