In an appeal hearing last Wednesday, Judge Lord Pentland heard the MoD defend a decision to award the serviceman’s mother and daughter up to £100,000 each.
Mr. Webster, speaking on behalf of the MoD, said that the amount the Ministry was being sued for was “unreasonable”.
Whilst accepting that the Ministry was at fault, and was liable to pay damages, they felt that the family’s “loss must be quantified”.
Mr. McMillan, speaking for the pursuers, acknowledged the MoD’s “Catalogue of failings” with regards to the Nimrod case and the unsatisfactory “root and branch approach” to fixing the issue.
Maintaining that the accident, in 2006, should never have happened and should not happen again, Mr. McMillan also drew attention to the time it took for the crash victims’ relatives to learn the facts of the accident.
It was left to the jury to decide the sum of compensation due to each of the mother and daughter separately.
They were told to base their calculations on three criteria: the distress and anxiety caused to the family; their grief and sorrow; and their loss of a family member’s support in non-monetary terms.
The mother eventually received a total of £90,000 and the daughter £60,000.
Further cases regarding the Nimrod disaster are being heard in coming weeks.
- RAF grounds new Nimrods as safety fears hit £3.6bn project (telegraph.co.uk)
- Family given Nimrod crash payout (bbc.co.uk)
- Pay-out for Nimrod crash families (bbc.co.uk)