The Law Society is preparing a response to the Ministry of Defence's consultation on combat immunity which will be submitted to the Legal Affairs and Policy Board (LAPB) next week for approval.

It is the Law Society's view that extending the definition of combat immunity would deprive soldiers and their families of the option of going to court to make claims against the MoD. Instead, compensation claims against the MoD would be settled under a scheme in which the MoD would act as gatekeeper. Cases would be determined by an assessor appointed by the MoD, and the consultation does not envisage that a soldier making a claim would require legal representation. ‘Combat’ immunity would extend to decisions and operations far away from the battlefield, including procurement decisions.

The Society will be submitting their response by the deadline, 23 February.