According to Mr Cameron, British soldiers who have served overseas are falling victim to an escalating number of weak or 'spurious' misconduct cases passing through the British court system. A source close to the PM's office has reported that Mr Cameron plans to introduce a suite of legal protections for members of the British armed forces who have served overseas, in order to help shield them from the 'torment' of having their conduct scrutinised in court. His stance on the issue follows comments made to British MPs by Secretary of State for Defence Michael Fallon, who described the caseload against British serving personnel and veterans as reaching an 'industrial scale'.
Legal aid residency requirement
Mr Cameron has directed the National Security Council to draft a plan to help protect soldiers from 'an industry trying to profit from spurious claims lodged against our service men and women.' Among those provisions reportedly being proposed by Mr Cameron is a requirement that all claimants pursuing cases through legal aid have resided in the UK for at least 12 months. Such a requirement would create an obstacle for overseas citizens from countries where the British military is or has been active, such as Iraq and Afghanistan, receiving legal aid to pursue cases against British military personnel. According to the BBC, lawyers have been quick to point out that relatively few past abuse cases have been legal-aid funded. Penalties for lawyers and law firms found to have abused the system by pursuing 'spurious' claims may also be on the menu, along with time limits on lodging new legal claims. 'No win no fee' agreements between lawyers and clients pursuing cases against British soldiers are also reportedly on the chopping block.
'No one is above the law'
The government crackdown comes on the heels of reports that prominent law firm Leigh Day has been referred to the Solicitors Disciplinary Tribunal over its handling of abuse and misconduct claims brought forward by Iraqi detainees against the UK Ministry of Defence. In 2014, the Al-Sweady inquiry concluded that a majority of the most serious abuse claims leveled against the British armed forces, many of which were overseen by Leigh Day, were 'deliberate lies, reckless speculation and ingrained hostility'. However, the firm has strongly denied any wrongdoing and has cautioned Mr Cameron to remember that 'no one is above the law'. The spokesperson highlighted that many of the abuse claims brought against the Ministry of Defence over the last 12 years have in fact been accepted by the government. 'The vast majority of Army soldiers do a first class job in protecting this country, but the evidence shows that this is by no means the case for all,' a spokesperson said. Sources: BBC; International Business Times
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