0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Hope v Ministry of Defence, Cambridge County Court, 1 November 2001

20 November 2002
The issues

Injuries to hand and foot.

The facts

The Claimant was a male member of the Royal Engineers. He was aged 22 at the date of injury and 27 at the Assessment. The Claimant was on active service in Bosnia and on duty in the mountains when he was stranded in heavy snow without his heavy weather equipment. He had to spend two nights in sub-freezing temperatures in a Landrover vehicle before he was rescued. He suffered what was described as a moderate to severe non-freezing cold injury to his hands and feet. The resulting neuropathy affected the blood circulation to his hands and feet. Small variations in temperature could have significantly adverse effect on his symptoms, his hands and feet also tended to suffer from recurring blistering and intermittently he lost substantial use of his hands and feet and in addition, suffered marked pain and parathesia. In warmer conditions, the Claimant’s feet and hands sweated profusely, which could not be readily controlled.

Expert evidence showed that the Claimant’s condition was permanent but would not deteriorate. The Claimant was medically discharged from the Army, but was unable to pursue his career as a Carpenter in civilian life to full capacity because he couldn’t work outside or in cold conditions. Consequently, he suffered a substantial loss of future earnings.

The decision

The Claimant was awarded general damages, agreed and approved in the sum of £25,000.00.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up