JMW Solicitors successfully negotiated a £950,000 settlement for Mr Y, a former Royal Navy diver, who sustained a non-freezing cold injury during a training exercise in Scotland. This settlement, believed to be the highest awarded for this type of injury, was achieved despite the Ministry of Defence (MOD) initially denying responsibility.

The Case

Mr Y joined the Royal Navy in 2011 and served as a diver with Mine Counter Measure, participating in dives worldwide, including in Antarctica, the Middle East, and Scotland. During a training exercise in Scotland, he encountered extreme cold, wet, and windy conditions with no access to warming facilities. Despite wearing gloves, Mr Y often had to remove them to perform tasks such as setting up dive equipment. His issued dry suit was leaky, and a replacement that was too small was returned, leaving him with inadequate protection.

Throughout the exercise, he was exposed to severe cold, resulting in numbness and pain akin to a burning sensation in his hands and feet. Mr Y was required to remain in his wet diving suit for hours after dives, contributing to his condition. As a result, he was medically downgraded, deemed permanently unfit for diving, and subsequently discharged.

Mr Y had planned to serve for 20 years in the Navy before transitioning to a career as a saturation diver, but his injuries curtailed these ambitions. Although he found alternative employment in the civilian emergency services, he faced significant losses due to the premature end of his military career.

The Claim

Mr Y contacted JMW Solicitors to pursue compensation for his injuries. We gathered expert evidence confirming that his non-freezing cold injury was due to the MOD's negligence. This evidence also demonstrated the extent of his losses, including career prospects within the Navy and in the commercial diving industry.

The claim included compensation for loss of earnings, career prospects, military benefits, and pension, as well as additional costs for warm clothing needed to manage his symptoms. Despite the MOD's insistence that Mr Y would not have succeeded as a commercial diver post-retirement, we successfully argued for his claim.

Final Settlement

Following a settlement meeting, JMW achieved a £950,000 settlement for Mr Y. This record sum reflects both the severity of his injury and the impact on his career. Mr Y said: “I cannot express my amazement with the outcome. Thank you.”