Can specialist military unit service personnel bring a claim?
Specialist military unit (SMU) service personnel often face unique challenges when considering legal claims due to the sensitive nature of their work and the hierarchical structure of the military. However, it’s important to understand they do have legal rights and can pursue claims with the right guidance.
Navigating classified information
One of the primary obstacles is the handling of highly classified information. This can complicate legal proceedings as disclosing such details might compromise their own personal security, as well as national security.
It can also jeopardise the personal security of other SMU personnel on operations if they assisted on the legal claim, such as providing a witness statement.
However, it is possible to navigate these complexities while protecting sensitive information.
Confidentiality
Client-solicitor confidentiality is a fundamental principle in law, ensuring communications between a client and their legal representative are protected from disclosure.
This is particularly important for SMU personnel who may need to discuss sensitive matters related to their service, including highly classified operational orders.
Express Prior in Writing (EPAW)
In certain cases, SMU personnel may need to obtain an EPAW from the Ministry of Defence before bringing a claim. This is a requirement for seeking authorisation to proceed with legal proceedings.
SMU personnel must obtain an EPAW before issuing their legal claim at court or before bringing an Armed Forces Compensation Scheme claim.
It is also important to be aware that SMU personnel must have a separate EPAW for each claim.
Anonymisation
There are circumstances where it might be necessary to anonymise the claim to protect the individual’s security or national security interests.
While the unique nature of SMU service can present hurdles, it’s essential to remember service personnel have legal rights and can pursue claims.
Bolt Burdon Kemp have specialist military knowledge and have successfully represented SMU personnel during their service. If you are considering a claim and would like some confidential advice, please contact our team.
