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Derbyshire brain injury marine Thomas Birch wins damages appeal | |
(35 minutes later) | |
A Royal Marine who had to learn how to walk and talk again after plunging off a cliff in a Land Rover in Afghanistan has won his fight for damages. | |
Thomas Birch, from Heanor, Derbyshire, was an 18-year-old lance corporal in Helmand in 2006 when he lost control of the vehicle and fell 100ft (30m). | |
Mr Birch, now 25, suffered skull, brain and internal injuries in the crash. | Mr Birch, now 25, suffered skull, brain and internal injuries in the crash. |
The Court of Appeal ruled in favour of Mr Birch and his claim for compensation from the Ministry of Defence (MoD). | The Court of Appeal ruled in favour of Mr Birch and his claim for compensation from the Ministry of Defence (MoD). |
Charity award | Charity award |
He began legal action against the MoD last year, claiming that a fault in the vehicle was to blame and that he had been allowed to drive without a licence or military permit. | He began legal action against the MoD last year, claiming that a fault in the vehicle was to blame and that he had been allowed to drive without a licence or military permit. |
The High Court dismissed Mr Birch's claim for damages, finding that the crash could not be put down to a mechanical defect and ruling that he "must take responsibility for his own decision to drive". | |
On Friday morning, Lord Justices Longmore, Tomlinson and Lewison reversed the decision and entered judgement in Mr Birch's favour. | On Friday morning, Lord Justices Longmore, Tomlinson and Lewison reversed the decision and entered judgement in Mr Birch's favour. |
A figure for compensation is yet to be decided. | A figure for compensation is yet to be decided. |
The Armed Forces Compensation Scheme awarded Mr Birch a lump sump of £318,000 and annual tax-free payments of £27,000. | The Armed Forces Compensation Scheme awarded Mr Birch a lump sump of £318,000 and annual tax-free payments of £27,000. |
However, Mr Birch's barrister Amanda Yip QC said these amounts would "only be a fraction of his entitlement" following the favourable ruling. | However, Mr Birch's barrister Amanda Yip QC said these amounts would "only be a fraction of his entitlement" following the favourable ruling. |
In 2009 Mr Birch won "achiever of the year" in brain charity Headway's annual awards. | In 2009 Mr Birch won "achiever of the year" in brain charity Headway's annual awards. |
He battled back from serious injury to qualify as a personal trainer. | He battled back from serious injury to qualify as a personal trainer. |
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