2008 DIN 01- 012
Introduction
1. This instruction provides details of the legal advice and assistance available to MOD Civil Servants and Service Personnel who are injured whilst in the course of their employment in the United Kingdom and other EU countries by a negligent third party. It supersedes 2007DIN01-029.
Changes from previous instruction
2. This instruction updates 2007DIN01-029 to take account of the extension of ToPaS to other EU countries (subject to certain conditions) following the implementation of the Fifth EU Motor Insurance Directive, see para 11.
Background
3. If MOD Civil Servants or Service Personnel are injured whilst they are on duty by a third party it is the individual’s own responsibility to pursue a claim for compensation against that third party without any assistance or involvement by the Department. The reason for this is that the law does not recognise the Department’s involvement in such cases and therefore MOD does not have authority to incur expenditure in such circumstances.
4. The only exception to this is that Civil Servants injured in road traffic accidents can have their legal costs underwritten by their TLB (Policy Rules & Guidance: Civilian Detached Duty Expenses Related Document on Insurance refers), but this does not apply to Service Personnel nor to Civil Servants injured in other circumstances.
5. This position has caused dissatisfaction and unease amongst staff as it leaves them to cope with a potentially complicated and time-consuming compensation claim without the assistance of their employer.
The ToPaS Scheme
6. In order to alleviate these concerns, a scheme called ToPaS (Third Party Accident Scheme) has been in operation since November 2000, which provides legal advice and assistance to MOD Civil Servants and Service Personnel who have been injured whilst on duty and who consider the injury to be the fault of a negligent third party. Ralli Solicitors (formerly called Betesh Fox and Co), a firm of solicitors who specialise in personal injury claims, operates the scheme on behalf of MOD.
7. The scheme works on a conditional fee basis (commonly known as ‘no-win, no-fee’) this means that any legally sustainable claim which MOD personnel submits to Ralli Solicitors will be at no cost to the individual. If the claim is successful, all legal costs will be reclaimed from the third party’s insurance company or, in the event that the matter proceeds to trial, ordered by the courts to be paid. If the claim is unsuccessful there will be no charge to the MOD or to the individual concerned, as the costs will be borne by an insurance policy.
8. Ralli Solicitors provides MOD Claims Branch with details of the total number of cases handled under the scheme, the success rate, indication of trends and total amount recovered in compensation. This information is provided in very general terms and does not breach client/solicitor professional confidentially.
How to make a claim
9. MOD Civil Servants and Service Personnel who wish to make a claim under the ToPaS scheme should contact Ralli Solicitors using the Initial Instructions at Annex A to this DIN or by phone, fax or e-mail. Contact details
are:
Ralli Solicitors
16/17 Ralli Courts
West Riverside
Manchester
M3 5FT
Tel: 0870 998 9000
Fax: 0870 989 9100
E-Mail: ToPaS@ralli.co.uk
Website: www.ralli.co.uk
Accidents Abroad including Northern Ireland & Scotland:
10. Generally, ToPaS offers free advice and help line for victims of accidents abroad, who should in the first instance call 0870 998 9000. There are many occasions when although the accident occurred abroad a claim can still be made within the UK and appropriate compensation can be recovered... On the other hand, MOD personnel who suffer injury as a result of the negligence of a foreign national when abroad may need to obtain the services of a local lawyer. ToPaS can assist in locating a suitable legal representative in such circumstances.
Road Traffic Accidents in EU countries
11. Under the Fifth EU Motor Insurance Directive a claimant who is resident (“domiciled”) in England who has been injured in a road traffic accident in another EU country may issue court proceedings against the foreign third party in an English county court or the High Court. Claimants have the choice of issuing court proceedings in their home court or, alternatively, in the country in which the accident occurred.
Claims for Compensation against MOD
12. ToPaS is only applicable to claims for compensation that MOD Civil Servants and Service Personnel wish to pursue against third parties. It is not available for claims against the MOD for which details are given in Service QRs, JSP 325, Vol 2 Leaflet 61 and DINs.
Dissemination:
13. Commanding Officers and Heads of Establishments are to notify the availability of ToPaS to personnel who have been involved in accidents which were the fault of a third party.
Further Information
14. Should you require further information regarding the ToPaS Scheme or would like to arrange for a presentation regarding the scheme, please contact:
Mr Carl Crawley
ToPaS Development Director
Ralli Solicitors
16/17 Ralli Courts
West Riverside
Manchester.
M3 5FT
Tel: 0870 998 9999
Mobile: 07960 258 664
E-mail: Carl.Crawley@ralli.co.uk
