MoD accepts responsibility for hearing loss in ‘groundbreaking’ agreement

The Ministry of Defence has accepted responsibility for the hearing loss suffered by former armed forces personnel in a “groundbreaking” agreement at the High Court.

At a hearing on Monday, lawyers for the MoD accepted that it had a “duty of care” towards personnel amid legal claims brought by former members of the armed forces who suffered from hearing loss, having disputed this in earlier legal action.

The agreement applies only to those who have served in regular or reserve armed forces since 1987 but does not apply to civilian military staff or cadets.

While the MoD accepts that noise exposure during service caused hearing loss among former personnel, it may dispute the extent to which this happened in individual cases.

That issue, and others in contention in relation to the claims, are due to be decided at a trial involving several “test cases”, which is expected to be held between October and December 2025.

The outcome of the trial will likely then affect how much compensation thousands of others could receive. Approving the agreement, Mr Justice Garnham, sitting with Judge Richard Davison, said: “We are happy to agree that order.

“I would add our congratulations to the parties for the consensus that seems to lie behind it.”

As part of the agreement, the MoD will also no longer fight claims brought by those represented by one legal firm, Hugh James, on the basis that they are being brought to court too late, or the level of noise they were exposed to.

This means that those represented by Hugh James will only need to prove they suffered hearing loss during service, with the amount of compensation received to be determined through a “matrix”, based on when someone left the military.

Claimants may still be able to launch an individual legal challenge if they disagree with what is offered.

Hugh James currently represents around 5,000 ex-servicemen and women, with thousands of others represented by other law firms.

Under the agreement, the MoD reserves the right not to offer compensation in the same terms as those determined by the “matrix” to those who are not represented by Hugh James.

Simon Ellis, partner and head of the specialist military department at Hugh James, said: “This is a groundbreaking development for servicemen and women seeking justice for their hearing loss.

“Many military personnel suffered hearing loss that was entirely preventable, had they been provided with the correct equipment and training.

“As a result, individuals have had their careers prematurely ended, other employment opportunities denied to them, and their personal lives irrevocably changed.

“People who put their lives on the line in the service of our country should expect that they are not put in additional unnecessary danger by their employer.

“The Ministry of Defence has both accepted the duty of care that they owe military personnel to protect their hearing and agreed that all individuals discharged after 1987 can secure the compensation they are entitled to for any hearing loss resulting from their military service.”

The agreement comes after a High Court ruling in March last year, where former Royal Marine James Barry was awarded more than £700,000 in compensation after having to leave the service because of hearing loss.

Mr Barry, 35, joined the Royal Marines in 2013 and began to suffer hearing loss during live-fire training exercises.

He was medically discharged in 2017 because of his hearing loss, which he described as “life-shattering” and leaving him feeling “very bitter” towards the MoD.

In a ruling, Mr Justice Johnson said that while hearing protection was available for Mr Barry, it was “inadequate and incompatible with other equipment”.

He said problems “were well known” but “lamentably, it appears that nothing was done by the MoD to address the obvious and serious problem”.

Speaking to the PA news agency, Mr Barry said: “At the time, it didn’t dawn on me how significant (being medically discharged) was. I have a lot more issues now with anxiety, stress, I feel like a lost boy. It’s really, really difficult.”

He continued: “People think I have won the lottery. The reality of it is I have had to drag my partner and my two young children through probably the most depressed, anxious six years I have ever had in my life.

“I am probably in a worse mental state than I ever had been. It is hard for me to think that I used to be this person who was considered mentally resilient, and the things that I achieved in (the Royal Marines). I am a shadow of that bloke now.”

Mr Barry said the agreement was “absolutely brilliant” and he hoped that it “changes the attitude of people”, and encouraged those with a “legitimate claim” to come forward.