The central question is whether a claimant can pursue both an Armed Forces Compensation Scheme (AFCS) claim and a civil personal injury claim for the same injury, and what legal or practical consequences arise from doing so.
Continuing our series about the crossover with AFCS and civil claims, we explain whether someone can claim both.
Relevant Legal Principles
1. Permissibility of Dual Claims
- AFCS Claims: The AFCS is a statutory, no-fault scheme that compensates for injury, illness, or death caused by service, regardless of fault.
- Civil Claims: Civil personal injury claims (usually in negligence) require proof that the injury was caused by the MOD’s (or another party’s) breach of duty.
It is expressly permitted to pursue both an AFCS claim and a civil claim in respect of the same injury. Lodging an AFCS claim does not preclude a claimant from bringing a civil action, and vice versa.
2. Implications: Double Recovery and Set-Off
- No Double Recovery: The principle of double recovery applies. A claimant cannot be compensated twice for the same loss or injury.
- Set-Off Mechanism: If a claimant is successful in both claims, any compensation received under the AFCS will be deducted (set off) from the damages awarded in the civil claim. This ensures the claimant is not overcompensated.
- Order of Claims: The order in which claims are pursued is not legally significant, but in practice, AFCS claims are often resolved more quickly due to the no-fault nature of the scheme.
3. Practical Considerations
- Different Heads of Loss: The AFCS provides tariff-based awards and, in some cases, a Guaranteed Income Payment (GIP), but does not compensate for all heads of loss available in a civil claim (e.g., loss of earnings, loss of pension, care costs).
- Civil Claims: Civil claims may result in higher compensation, particularly for loss of earnings and future losses, but require proof of negligence and causation.
- Time Limits: AFCS claims must generally be brought within 7 years of the injury; civil claims are subject to a 3-year limitation period from the date of injury or knowledge.
Application
A claimant injured during service may:
- Submit an AFCS claim to Veterans UK for a no-fault, tariff-based award.
- Simultaneously or subsequently pursue a civil claim against the MOD (or another party) if there is evidence of negligence.
If both claims succeed, the civil court will deduct the AFCS award from the damages payable in the civil claim. If the civil claim fails, the claimant retains the AFCS award (subject to the scheme’s rules).
Caveats and Limitations
• Combat Immunity: Civil claims may be barred by the doctrine of combat immunity, which does not affect AFCS claims.
• Appeals: The outcome of one claim does not determine the outcome of the other; the legal tests and evidential requirements differ.
• Disclosure: Claimants must disclose any correspondence and the fact that compensation has been received under the AFCS when pursuing a civil claim, and vice versa.
Conclusion
A claimant may lawfully pursue both an AFCS claim and a civil personal injury claim for the same injury. However, any compensation received under the AFCS will be set off against damages awarded in a civil claim to prevent double recovery. The two processes are independent, with different legal tests and potential heads of loss.
(c) Grant Evatt 23.07.25
