Litigating against the MOD: Why honesty matters in your military claim

Military veterans could have legitimate claims for compensation thrown out if they are not completely honest about their injuries and capabilities.

Here we explain how strict the MOD is regarding honesty and the lengths it will go to to uncover the truth.

‘Fundamental dishonesty’: What you need to know

‘Fundamental dishonesty’ is a serious legal principle. If you are deliberately found to be lying or significantly exaggerating your injuries, or how they affect your daily life, the court could strike out your entire claim.

This isn’t about making minor mistakes or forgetting small details; it’s about purposefully misleading the court to secure more compensation than you are genuinely owed.

Even if you have suffered a legitimate injury, if you are found to have been fundamentally dishonest about any part of your claim, you could lose everything. And you could be ordered to pay the MOD’s legal costs, which can be substantial. In the most serious cases, such dishonesty could even lead to criminal charges. The MOD has a duty to taxpayers to ensure all claims are legitimate, and they take this very seriously.

The ‘eye in the sky’: Understanding surveillance and social media checks

Defendants, including the MOD, often use surveillance and social media checks as tactics to verify the information provided in claims. This typically involves covert video footage or monitoring of publicly available social media profiles. Their purpose is to check whether your descriptions of your injuries, as stated in your claim documents, medical reports, and witness statements, truly align with your activities in daily life.

For instance, imagine you claim a back injury sustained in service led to your medical discharge and prevents you from lifting anything heavy. If the MOD’s investigators obtain surveillance footage or find social media posts showing you lifting heavy boxes, participating in strenuous activities, or generally demonstrating capabilities that contradict your legal claim, this would severely undermine your credibility.

Surveillance and social media reviews are generally employed by defendants in larger, more complex injury cases where significant compensation is at stake. The MOD is often more likely to investigate such claims to minimise their potential liability. If there are reasons to believe you might be overstating your difficulties, these methods can be a way for them to uncover the truth.

It’s crucial to know that all investigations, including social media searches, must be conducted legally and ethically. For example, cameras cannot be placed inside your home, and investigators cannot follow you in ways that violate privacy laws. Similarly, accessing private social media content without proper authorisation is illegal.

In our experience, surveillance is typically carried out in public places, such as supermarkets, petrol stations, or during outdoor activities where a claimant might be observed, while social media checks focus on publicly accessible information.

Your path to a genuine claim: Our advice

When making a claim against the MOD, maintaining complete honesty is your strongest asset:

• Be accurate: Describe your injuries and how they impact your life accurately. Don’t downplay them, but equally, do not exaggerate.
• Be consistent: What you tell your doctors, what you discuss with your lawyers, and what you state in official documents and on your social media profiles should all consistently align with your actual abilities and daily activities.
• Don’t fear genuine claims: If your claim is honest, you have absolutely nothing to worry about from surveillance or social media checks. They will simply confirm your truthful account. In fact, if you are genuinely struggling, surveillance might even serve to support your claim by providing objective evidence of your limitations.
• Work with your lawyers: At Bolt Burdon Kemp, our team of specialist military lawyers will guide you through every step of the process. We ensure your claim is presented clearly, honestly, and effectively. We will also explain how issues like fundamental dishonesty, the potential for surveillance, and social media reviews apply specifically to your case, empowering you to proceed with confidence.

The legal system is designed to provide genuinely injured military personnel with the support and help they need and deserve. By being completely open and honest, you play a vital role in ensuring this system works fairly for everyone, especially for those who have bravely served our country.

If you would like advice about a potential claim, you can contact us by email at military@bbkllp.co.uk