Our client is a former Gunner in the British Army. He suffered cold injuries whilst in service as a result of laying around in the snow for long periods of time and patrols in freezing conditions. Furthermore, he spent a lot of time out in the field for days and weeks on end in freezing and wet conditions without suitable protective kit. Our client worked all over the world including Bavaria, Sennelager in Germany and the Brecon Beacons where weather conditions were extremely harsh. Our client was vulnerable to developing cold injuries due to his ethnicity. There was a failure by the MOD to carry out an appropriate risk assessment and also to provide him with suitably protective kit. Despite complaints of injury, he had to continue with his service rather than be taken off the exercise. Furthermore, our client was never referred for a formal diagnosis of injury when he was in service.

After our client left the Army due to an unrelated condition, he received a diagnosis of a minor level of cold sensitivity, which fell short of a non-freezing cold injury. He now suffers with symptoms of discomfort in his hands and feet. He is prevented from working in cold conditions. His claim settled for £32,000 net after a deduction of 20% from the overall value of the claim which was agreed with the MOD due to litigation risk.