• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Excelitas Qioptiq banner

BATTLESPACE Updates

   +44 (0)77689 54766
   

  • Home
  • Features
  • News Updates
  • Defence Engage
  • Company Directory
  • About
  • Subscribe
  • Contact
  • Media Pack 2023

WHAT PRICE THE QUEEN’S SHILLING?

September 10, 2008 by

WHAT PRICE THE QUEEN’S SHILLING?
By Chris Payling and Mark Sanderson, Solicitor, Walker Morris Solicitors

A recent case in the High Court has highlighted the liabilities that the Ministry of Defence (MoD) has to its employees. This case has implications for those contracting in the Defence sector.

In the late 19th Century, potential recruits were offered a shilling to join the Army (or Navy). The shilling was not only an incentive to join the Army and was their first day’s pay, but also sealed the contract between the potential soldier, the Army and the Nation. Thus, the shilling was the price for which a soldier agreed to put his life on the line for the country. The modern version of this contract is the “Military Covenant”. The Covenant officially applies only to the Army, but its core principles are also taken to extend to both the Air Force and Navy.

Under Army Doctrine: “soldiers will be called upon to make personal sacrifices – including the ultimate sacrifice – in the service of the Nation. In putting the needs of the Nation and the Army before their own, they forego some of the rights enjoyed by those outside the Armed Forces. In return, soldiers must always be able to expect fair treatment, to be valued and respected as individuals…. In the same way the unique nature of military… operations means that the Army differs from all other institutions, and must be sustained and provided for…by the Nation. This mutual obligation forms the Military Covenant between the Nation, the Army and each individual soldier”.

Whilst any member of the Armed Forces voluntarily accepts the risk that they find themselves in a situation where they may have to make the “ultimate sacrifice” for the sake of the Nation, what duty of care is owed to British servicemen or women by the Nation through the Government and once a soldier, sailor or airman has accepted the Queen’s shilling, do they lose their right to life?

Under Article 2(1) of the European Convention on Human Rights (ECHR) “Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally…”. The ECHR and the conventions impose a positive obligation upon a State to protect the life of its citizens. However, the nature and purpose of the Armed Forces appears to be at odds with this obligation, as sending a soldier to fight or keep order will inevitably expose them to the risk of death. Although the State is not under an absolute obligation to protect the lives of its citizens, the State is not absolved of its responsibilities and Article 2 imposes a duty of care on a State to take appropriate steps to safeguard and protect the lives of those within its jurisdiction, which includes members of the Armed Forces.

The purpose of the Human Rights Act 1998, which implements the ECHR into domestic law, is to provide remedies, usually in the form of a compensation claim, for a person who has had their human rights breached by a public body. The difficulty with this process in relation to a breach of Article 2, is that claimant who has had their right to life violated is not in a position to make a claim. Therefore, the family of the deceased has to bring a claim and has to show that the public body failed to protect the deceased’s right to life. In the case of a member of the Armed Forces, it must be shown that the MoD failed in its duty to protect a soldier’s life.

The difficulties involved with the Armed Forces and the right to life have been the subject of two recent court cases, which were decided within two days of each other. The first, R (on the application of Gentle and anor) v Prime Minister and ors [2008] UKHL 20, concerned the application of Article 2 as a basis to impose upon the Government a duty to satisfy itself of the legality of a military action. However, of more significance to the Defence sector is the second case, Smith v The Assistant Deputy Coroner for Oxfordshire [2008] EWHC 694 (Admin), which concerned

Primary Sidebar

Advertisers

  • qioptiq.com
  • Exensor
  • TCI
  • Visit the Oxley website
  • Visit the Viasat website
  • Blighter
  • SPECTRA
  • Britbots logo
  • Faun Trackway
  • Systematic
  • CISION logo
  • ProTEK logo
  • businesswire logo
  • ProTEK logo
  • ssafa logo
  • Atkins
  • IEE
  • EXFOR logo
  • DSEi
  • sibylline logo
  • Team Thunder logo
  • Commando Spirit - Blended Scoth Whisy
  • Comtech logo
  • GoExporting logo
  • Supercat logo
  • Galvion logo
Hilux Military Raceday Novemeber 2023 Chepstow SOF Week 2023

Contact Us

BATTLESPACE Publications
Old Charlock
Abthorpe Road
Silverstone
Towcester NN12 8TW

+44 (0)77689 54766

BATTLESPACE Technologies

An international defence electronics news service providing our readers with up to date developments in the defence electronics industry.

Recent News

  • PARLIAMENTARY QUESTIONS

    June 2, 2023
    Read more
  • EXHIBITIONS AND CONFERENCES

    June 2, 2023
    Read more
  • MANAGEMENT ON THE MOVE

    June 2, 2023
    Read more

Copyright BATTLESPACE Publications © 2002–2023.

This website uses cookies to improve your experience. If you continue to use the website, we'll assume you're ok with this.   Read More  Accept
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT