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Suing the Ministry of Defence

England & WalesLast reviewed 18 September 2026

Service personnel can sometimes sue the Ministry of Defence for negligence. Section 10 of the Crown Proceedings Act 1947 once barred claims for injury caused by other service members, but it was disapplied in 1987 with a power to revive it in specified circumstances, and combat immunity still limits claims arising from active operations.

The Crown Proceedings Act

Direct Answer: Until 1987, section 10 of the Crown Proceedings Act 1947 prevented service personnel from suing the Crown for personal injury or death caused by other members of the armed forces.

The Crown Proceedings (Armed Forces) Act 1987 disapplied section 10, allowing such claims, but gave the Secretary of State for Defence a power to bring it back into force where necessary or expedient in specified circumstances, such as during warlike operations.

Combat Immunity

Separately from the statute, the courts have recognised a doctrine of combat immunity, which limits negligence claims for decisions and events in the course of active combat operations. Where it applies, a civil claim is unlikely, and the no-fault Armed Forces Compensation Scheme may be the main route. How far the doctrine extends to training and to activities away from the front line is fact-specific and has been the subject of litigation.

Claims That Can Proceed

Negligence claims are more realistic for events such as training accidents, unsafe equipment, medical negligence in military care or accidents in barracks, though each depends on its facts. Time limits apply, and a solicitor experienced in military claims can advise on limitation, the Ministry's defences and how these interact with AFCS.

Frequently Asked Questions

Can a soldier sue the MoD for negligence?

Sometimes, for example for training accidents, unsafe equipment or medical negligence. Combat immunity limits claims from active operations.

What was section 10 of the Crown Proceedings Act 1947?

A provision barring claims against the Crown for injury caused by another member of the armed forces, which was disapplied by the 1987 Act.

Can section 10 come back?

The 1987 Act allows the Secretary of State to revive it in specified circumstances, such as certain operations.

What is combat immunity?

A legal doctrine limiting negligence claims against the MoD for decisions and events during active combat operations.

Is there an alternative to suing?

Yes. The no-fault Armed Forces Compensation Scheme can pay for injury or illness caused by service.

Can I bring a military negligence claim on a no win no fee basis?

Often, if a solicitor thinks the claim has reasonable prospects and is worth the cost of pursuing. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, but a success fee is deducted from your damages if it succeeds and other costs may apply, so ask for the terms in writing and how disbursements are covered.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Crown Proceedings Act 1947 s.10

    Section 10 barred claims by service personnel against the Crown for injury caused by other members of the armed forces; the Crown Proceedings (Armed Forces) Act 1987 disapplied it, with a power for the Secretary of State to revive it in specified circumstances.

  2. GOV.UK — Armed Forces Compensation Scheme (AFCS)

    Claims for injury or illness caused by service must generally be made within seven years of the earliest of the incident, aggravation or first seeking medical advice, with later claims possible within three years of awareness for conditions that develop in later life.

  3. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  4. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  5. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.