Compensation and Claims BRd 2

CHAPTER 59

COMPENSATION AND CLAIMS

(MOD Sponsor: D S&C Claims)

CONTENTS

SECTION I - COMPENSATION FOR LOST AND DAMAGED SERVICE KIT AND

PERSONAL EFFECTS

Para
5901. General
5902. Insurance
5903. Items for Which Compensation may be Payable
5904. Conditions under which Compensation is Payable
5905. Inadmissible Claims
5906. Investigation of Claims
5907. Assessment of Compensation
5908. Submission and Approval of Claims
5909. Separation from Kit

SECTION II - COMMON LAW/MARITIME CLAIMS

J.5921. Introduction
J.5922. Mutual Waiver of Claims
J.5923. Division of Responsibility
J.5924. Method of Reporting
J.5925. Writs and Summonses
J.5926. General
J.5927. Off-Duty Claims
5928. (Navy only) Maritime Claims - General
5929. Collisions and other Navigational Incidents - Claims
5930. Oil Spillage and Gunnery or Missile Firing Incident - Claims
5931. Damage to Naval Static Property
5932. Damage to Fishing Gear

SECTION III - SPECIAL PROCEDURES FOR CLAIMS ARISING IN FOREIGN

COUNTRIES

5941. Claims Against Naval and Marine Personnel in Foreign Countries

5942. NATO Countries - On-Duty and Off-Duty Tort Claims
5943. NATO Claims Arrangements
5944. Off-Duty Claims in Foreign Countries
5945. Unsettled Off-Duty Claims
5946. Verification of Claims

SECTION IV - MATTERS INCIDENTAL TO CLAIMS AND OFFENCES ABROAD

5961. Other Matters Arising from Incidents Ashore in Foreign Countries

5962. Fines and Court Costs
5963. Recovery of Payments

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ANNEXES

[Link] 59A:Chief Claims Officer

Annex 59B: Collisions and Other Navigational Incidents and Maritime Claims

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CHAPTER 59

COMPENSATION AND CLAIMS

SECTION I - COMPENSATION FOR LOST AND DAMAGED SERVICE KIT AND

PERSONAL EFFECTS

5901. General

1. This instruction provides for compensation to be paid to Royal Navy and Royal Marine
personnel for loss of, and/or damage to, uniform clothing, Service kit and equipment,
personal and family effects in circumstances arising from ‘exigencies of the Service’,
including maritime incidents such as those listed at Para 5929. and relate only to ex gratia
payments. Where a claim is made which alleges negligence on the part of the Ministry of
Defence, its servants or agents, the claim should be submitted to Directorate of Safety &
Claims (D S&C), or the appropriate Area Claims Officer, in accordance with Para J.5924.

2. Claims from Service personnel for loss of and/or damage to personal property arising
directly or indirectly out of the performance of the claimant’s official duties, which are
classified as regulational claims, have now been delegated to all local management areas
and these claims are to be considered on an ex gratia basis. Claims for loss of and/or
damage to personal property which arise out of an alleged negligent act or omission on
the part of the MOD are not regulational claims, but are Common Law claims against the
Department, and should be referred immediately for attention to Directorate of Safety &
Claims, Zone A, 7th Floor, St. Georges Court, 1-12 Bloomsbury Way, London WC1A 2SH
or the local Area Claims officer in accordance with Para J.5924..

5902. Insurance

1. Except to the extent permissible under Para 5904., compensation will not be paid for
any loss or damage which arises from the ordinary risks of civil life such as fire, theft, loss
in transit etc. since such risks are insurable. The fact that these risks arise during Service
life does not mean that they arise from an ‘exigency of the Service’ or are uninsurable
risks. All personnel are therefore strongly advised to protect themselves against loss for
which compensation cannot be granted from public funds or for which under Para 5903.
only limited compensation can be granted, by purchasing insurance against these risks to
cover losses or damage to all personal property and family effects.

2. Baggage should always be insured against risk of loss or damage in transit whether
or not it is accompanied by the owner and in particular for moves to and from the United
Kingdom and between overseas stations (but see 5904..2 sub para b).

3. Claims. Claims to compensate for losses occurring during transit should be made
against the carrier company or an insurance company. It is important that claims are made
in writing within the periods prescribed in the company’s regulations. Failure to obtain
compensation because a claim is not made in due time or is otherwise invalid, or because
insurance has not been taken out to cover the articles and risks described in 5902..
sub para 1 will not be accepted as grounds for an appeal for compensation from public
funds. Any legal costs incurred by individuals in pursuit of insurance claims will not be
borne by the MOD.

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4. Public Property - Loss or Damage. Personnel are advised that they may be liable
to make good loss or damage to public property, such as clothing, accoutrements, etc.,
that they hold on personal charge, if the loss or damage has been caused through
negligence on their part. In addition to insuring against loss of personal private property
from the normal hazards of fire, theft, damage etc., it might therefore be in their interests
to insure any public property on personal charge. Personnel will not be held responsible
for loss or damage which, after due investigation, was deemed to be outside their control.

5. The arrangements for claims arising from loss of and/or damage to personal property
on RAP Flights have been delegated to Business & Finance Unit, RAF Brize Norton,
Carterton, Oxon, OX18 3LX and all such claims should be forwarded to them for
investigation and consideration of an ex gratia payment in accordance with Para 5906..

5903. Items for Which Compensation may be Payable

(see also JSP 752 Tri-Service Regulations for Allowances, Chapter 10, Section 4)

1. Compensation may be granted in respect of the following articles, subject always to

the conditions in Para 5904.:

a. Items of uniform clothing, Service kit and equipment unless there is an entitlement
for free replacement through Service sources.

b. Privately owned books or instruments used for the benefit of the public service.

c. Articles of civilian clothing where such clothing has been specially ordered to be
worn on duty. Compensation will not be admitted where the clothing was
purchased as a result of a grant from public funds.

d. Personal and family effects and other clothing (not otherwise excluded in these
regulations) which it was reasonable for the individual to have in his or her private
possession at the time of loss, namely:

(1) Personal toilet requisites, civilian clothing and sports gear.

(2) Other personal possessions (if not otherwise excluded, or provided for, in
these regulations).

e. Compensation in respect of family effects of individuals will be assessed to the

extent to which such articles replace conventional articles and on the basis of the
value of the latter.

f. Private furniture not under 5903..1 sub para e. but within the scales laid down for
single officers quarters furnished at public expense.

g. Mess and band property, limited to articles considered necessary and in the case
of mess property excluding silver, plate, consumable stores and any items
provided as an approved official issue.

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5904. Conditions under which Compensation is Payable

1. Compensation may be given subject to the following conditions:

a. Loss or damage must have been due to the exigencies of the Service.

b. The loss or damage was not due to carelessness or negligence on the part of the
owner or his representative and could not have been avoided by him; and

c. No compensation is payable under an insurance policy or from any other source.

2. Loss or damage will be regarded as due to the exigencies of the Service when it arises
out of any of the following circumstances:

a. The conditions of active service, i.e. when warlike operations are in progress or
threatened.

b. During transit at public expense where normal insurance against loss was
unobtainable - this would apply to loss of or damage to baggage including private
and family effects, furniture and household goods occurring in transit at public
expense.

c. Accidents occurring on duty, including road or air accidents (see also Annex 87A).

d. Fires in ships, barracks or other Service accommodation except in cases where it

is clear that the Ministry of Defence has no liability.

e. Loss of or damage to property handed into the unit store or otherwise entrusted
to official custody during the absence of the owner on leave etc.

f. Destruction by official order to prevent the spread of infectious or contagious

disease.

g. Collision or other navigational incident (including sinking or flooding) involving a

ship or vessel.

h. Damage due to faulty condition of Service premises.

3. Infected Uniform. If infected uniform is ordered to be destroyed, and the destruction

is regarded as an exigency of service, compensation may be assessed in accordance with
Para 5907. A list of the articles destroyed should be made and a certificate from the
Medical Officer stating the necessity for destruction attached.

4. Exceptional Causes. Claims for loss or damage arising from exceptional causes
outside the definition of exigencies of the Service and which were not insurable risks may
receive special consideration. Any claim under this paragraph must satisfy the
requirements of 5904.. 1 sub para b and sub para c.

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5905. Inadmissible Claims

1. Compensation will not be paid for:

a. Claims submitted more than one month after the date of loss or damage.

b. Losses or damage sustained when proceeding on or from leave.

c. Losses of money.

d. Any loss or damage with a total value of less than £5.

e. Loss of or damage to tools in excess of the minimum tool kit of the claimant.

f. Loss of or damage to clothing and items issued on personal loan - such claims
within accordance with BR 96, Materiel Accounting and Storekeeping Manual,
and when appropriate for Royal Marines - Army accounting procedures.

g. Losses of or damage to items of uniform held in excess of the regulation kit (both
optional and compulsory).

h. Loss of uniform headgear blown overboard in inclement weather other than in

exceptional circumstances.

i. Damage caused to a private motor vehicle or aircraft except where it is a comman

law claim or there are exceptional circumstances governed by 5904. sub para 4.

j. The private property of domestic employees whose personal effects should be

fully insured against all risks.

k. The loss of property by theft.

l. Any articles covered by insurance.

m. Consumables.

n. Articles with a luxury, artistic or antique value.

o. Accidental or deliberate damage to personal effects caused by a third party.

5906. Investigation of Claims

1. On receipt of a claim the Commanding Officer is to order an investigation as soon as

conveniently possible, detailing two officers, or one officer and one Warrant Officer for
claims by ratings/ranks, to conduct it. These officers are to enquire into the circumstances
of the loss or damage and provide a report:

a. Describing the circumstances of the loss or damage.

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b. Certifying whether or not:

(1) The claim is admissible and, if it is, under which category in Para 5903.
(2) The relevant conditions in Para 5904. have been met.

c. Describing the measures taken to effect recovery, if appropriate.

2. If the claim is for damage, the investigating officers should also include or state:

a. The nature and extent of the damage.

b. The action taken by the claimant to have the article cleaned or repaired. Items
should be repaired whenever economically possible and claims are to be
supported by receipted bills. The full cost of cleaning or repair may be paid
provided that this does not exceed the depreciated value of the article for which
compensation has been claimed. If the article is deemed to be beyond
economical repair, a certificate to that effect should be obtained from a reputable
firm.

c. The actual cost or estimated cost of repairs or cleaning, or the estimated reduction
in value of the article as a result of the damage - whichever is the greater.

d. Witness statements if available.

e. Confirmation that the article was not covered by insurance or any other provision
for replacement.

3. Claims are to be submitted to the local management authorities, on MOD form 441
together with a copy of the investigation report (if deemed necessary).

5907. Assessment of Compensation

1. The assessment of compensation proposed by the investigating officers should be

shown in cash. Compensation for items of compulsory kit and personal effects should be
assessed on the current cost of replacing the article by a new one, less an abatement
where justified in respect of age and depreciation of the article at the time of loss (see also
5903..1 d sub para (1)). If articles are not available for inspection, the assessment should
be made on a reasonable arbitrary basis having regard to the age and normal life of the
article and its replacement cost. Full replacement value at current issuing prices should,
however, be awarded for items of optional kit. The different basis for assessing compulsory
(as opposed to optional) kit items, is to take account of OUR/KUA, which is based on all
compulsory kit items.

2. Guidance for Investigating Officers.

a. Books and instruments. The claim is to give the title of the book and the
publisher’s name or the replacement cost of the instrument and the maker’s
name.

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b. Tools. If the lost tools are part of a Service tool kit held on individual loan (see BR
96, Materiel Accounting and Storekeeping Manual), they will be replaced in kind.
Cash will not be paid in compensation for tools held on loan or for tools of a private
nature held voluntarily.

c. Watches (see 5902. sub para 1). If a watch is lost or damaged during the course
of duty, a grant may be authorized (subject to any restriction in force) towards the
cost of replacement or repair. The claim should:

(1) Describe the watch.

(2) Give the original purchase price and current cost of replacement/repair.
(3) Say when and where it was purchased.

d. Spectacles and dentures (see 5902. sub para 1). Since these articles are
available from service sources, compensation for loss or damage of privately
obtained items is not normally payable.

e. If an individual has been, or is due to be, released from the Service and re-
equipment is therefore unnecessary, a report of the circumstances should be
forwarded to the appropriate Management area, who may at their discretion make
some payment. Such an award will never exceed the depreciated value of the lost
or damaged article. Reports should give details of any uniform unnecessarily
purchased by the claimant before release.

f. If an individual dies before any award is authorized, no compensation is payable

to the estate. The Ministry of Defence may, however, at their discretion authorize
some payment to the legal representatives of the deceased for any expenditure
incurred on re-equipment before his death.

3. A claimant may be required to produce evidence of ownership and of the value of the
article for which compensation is being claimed. Where the owner of lost articles has
subsequently died the Ministry of Defence may require proof that replacement was made
before death.

4. HM Treasury regularly produces guidelines on the maximum sum admissible for

individual articles and how to calculate the related depreciation factor when assessing a
claim. It is to be noted that the starting point for depreciation costings should be taken from
the replacement value. If calculations indicate that the claimant will receive no payment
due to the age of their personal items, the assessor can authorise a payment based on
25% of the replacement value. The purpose of the guidelines is to assist management
authorities in ensuring that an equitable standard of assessing claims and awarding
compensation is made throughout the Department. The guidelines are promulgated by
Defence Council Instruction.

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5908. Submission and Approval of Claims

1. Claims are to be submitted on MOD Form 441, together with all available detail and
documentary evidence within one month of the incident giving rise to the loss or damage.
A Commanding officer of the rank of Lieutenant Commander/Captain Royal Marines and
above is authorised to approve individual claims which comply with these regulations.
Common Law claims, and those falling under the provisions of paras 5903.1 sub para e,
sub para f and sub para g or 5904. sub para 3, are to be forwarded through the Command
Headquarters to Directorate of Safety & Claims. They are to bear the recommendation of
the Commanding Officer and are to be accompanied by the Unit investigation report under
Para 5906.. In addition, multiple claims (i.e. claims from a number of individuals arising
from the same incident, e.g. a fire) should be sent to Directorate of Safety & Claims for
consideration if one or more of the claims is valued at more than £300. This is to ensure
uniformity and consistency of approach in dealing with all the individual claims.

2. The Commanding Officer or the administrative authority is to award only such

compensation as he may consider equitable on the merits of the claim. In no case is a
claim assessed below £5 to be paid (see 5905..1 sub para c) nor is the limit set in HM
Treasury guidelines for individual articles to be exceeded.

3. After approval of payment the original copy of the report together with supporting
evidence, vouchers, receipts, etc., should be retained by the approving authority for one
year.

4. Necessary articles of uniform and clothing may be replaced immediately after the loss
and their value charged as a casual payment on the ledger against the individual to whom
the issue is made, without waiting for approval to pay the claim. Abatement from pay may
be deferred until the claim is paid and, if necessary, the casual payment may be carried
forward as a temporary overpayment.

5. The Commanding Officer may, if necessary, authorize reasonable advances of cash

to an individual to enable him to re-equip himself. Such payments are to be reported to the
administrative authority or to the Ministry of Defence Directorate of Safety & Claims as
appropriate when forwarding the claim for approval.

6. Payment of regulational claims should be arranged locally and must be authorised by

the Commanding Officer of the rank of Lieutenant Commander/Captain Royal Marines or
equivalent. Funding for these claims was disaggregated to TLBs on 1 April 1997 and
management authorities should note that payments are to be debited against RAC
NKA002.

5909. Separation from Kit

1. The procedure to be followed in cases where individuals become separated from their
kit owing to Service reasons is laid down in BR 96, Materiel Accounting and Storekeeping
Manual, Part III Article 4078.

5910 - 5920. Unallocated

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SECTION II - COMMON LAW/MARITIME CLAIMS

J.5921. Introduction

1. This section deals with claims at common law made against the Ministry of Defence
or its servants in respect of damage to or loss of property and for personal injury or death
caused or alleged to be caused by the Ministry of Defence or its servants. It also deals with
common law claims brought by the Ministry of Defence against other parties. It does not
deal with claims arising from purchase or other contracts, claims for awards under Royal
Warrant, Order in Council or Order of Her Majesty relating to disablement or death, or
claims and recoveries allowable under departmental regulations. Nor does it deal with
claims arising from Wirings and requisitions which are dealt with by Defence Estates.

2. (Navy only.) Attention is drawn to the instructions on compensation for damage to

personal property belonging to civilian personnel and workpeople on duty in the MoD
Personnel Manual, and to JSP 594, Naval Pay Regulations on damage to stores and
barrack buildings. For indemnities, see Chapter 60.

J.5922. Mutual Waiver of Claims

1. Claims for compensation in respect of loss or damage, if received from or proposed

to be made against other Forces, other governments or other government departments,
may be the subject of a special agreement or mutual waiver and should be referred to the
Ministry of Defence Directorate of Safety & Claims with all supporting documents before
any action is taken.

J.5923. Division of Responsibility

1. Within the Ministry of Defence responsibility for handling all common law claims lies
with Directorate of Safety & Claims and the appropriate Area Claims Officers overseas,
except those areas of claims handling which have been contracted out to commercial
claims handlers. Full details are given in [Link] 59A.

J.5924. Method of Reporting

1. Traffic Accidents. Traffic accidents involving Ministry of Defence vehicles are to be

reported in accordance with JSP 800, Vol 5. Defence Road Transport Regulations.

2. Aircraft Accidents. Aircraft accidents involving Ministry of Defence aircraft are to be

reported in accordance with the following separate Service instructions:

RN ) JSP 550, Military Aviation Policy, Regulations and Directives.

)
Army
RAF AP 3207, Manual of Flight Safety.

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3. Maritime Accidents. Maritime accidents involving MOD ships and marine craft
accidents occurring on board such vessels whilst at sea or under way are to be reported
in accordance with the following seperate Service instructions:

Royal Navy Para 5928. for ships operated by the RN, including Royal Fleet
Auxiliaries and other ships or craft in the naval service.
Army Army Maritime Instructions for marine craft.

4. Hovercraft Accidents. Accidents involving MOD hovercraft are to be reported to

DS&C Claims using special accident report forms (MOD Forms 95 and 95A).

5. Accidents and Miscellaneous Occurrences. Accidents and miscellaneous

occurrences not falling under paragraph J.5924.. Para 1. to 4. are to be reported as
follows:

a. The accident reporting system (Central Health and Safety Project - CHASP) as
defined in JSP 442 specifies that a MOD Accident Reporting Form (MF 2000)
must be raised in all cases of death, injury or ill health to any MOD Service or
civilian employee and to any other person, where the cause might be attributable
to the MOD or when it has occurred on MOD land or property. In the case of the
death, injury or ill health being due to hostile activity, whilst at war or on active
duty, the completed MF 2000 is to be sent for inclusion in the medical and
personal records of the injured person. In all other cases the form is to be
forwarded to:

MOD CHASP Accident Reporting Database

c/o Pay & Personnel Agency
PO Box 42
Stockport
SKI 1ED

b. If at any time a compensation claim for death or personal injury, sustained in any
theatre and reported in accordance with the CHASP, is made or intimated by a
MOD employee whether Service personnel or United Kingdom Based Civilian
(UKBC) Non Industrial and Industrial Civil Servant, should be forwarded to, or the
claimant be instructed to write as follows:

Gallagher Bassett International Ltd,

Westcott House,
4 Ferrymuir,
South Queensferry,
EH30 9QZ

c. Any other claims against the MOD, arising from incidents occuring in the United
Kingdom, resulting in death or personal injury to third parties or loss or damage to
property where it is alleged that the MOD was negligent should be forwarded to:

Ministry of Defence
DS&C Claims, Zone A, 7th Floor,
St Georges Court, 2–12 Bloomsbury Way
London WC1A 2SH

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d. Overseas Areas

(1) When an incident occurs which results in injury or death of, or in loss of or
damage to the property of, Ministry of Defence locally employed civilian
personnel arising out of and in the course of their employment any claim
should be submitted to the local civilian establishment branch or Claims
Office in accordance with individual theatre regulations. Any claim made by a
local employee or third party at common law should be sent to the appropriate
Claims Office responsible for the country. (See [Link] 59A, Part 2).
(2) Claims resulting from injury to or death of persons or animals, or in loss of or
damage to property, other than those covered in previous paragraphs will be
handled by the appropriate Claims Office. (Navy only - see also Section III).

e. Training and Manoeuvre Damage

(1) In the United Kingdom any claims for damage occasioned to private property,
including livestock, during training and manoeuvres will be investigated and
settled by the local Defence Estates Organisation under delegated authority
from the Chief Claims Officer.
(2) Overseas training and manoeuvre damage claims are managed by the local
Area Claims Officer or Directorate of Safety & Claims.

J.5925. Writs and Summonses

1. On receipt of a writ or summons naming a member of the Services as defendant in a

common law claim by a third party, or if other urgent matters arise in respect of any
common law claim made against the Ministry of Defence, the matter is to be reported
immediately by telephone or other available means to the appropriate authority.

J.5926. General

1. Claims which fall within this section are to be settled only by the authorities mentioned,
except where powers of settlement have been specifically delegated by the Chief Claims
Officer. All personnel are forbidden to enter into correspondence or discussions with any
person in connection with an incident likely to lead to a third party claim, or to do anything
which might be interpreted as an admission of liability.

2. New Civil Procedure Rules were introduced on 26 April 1999. The Rules significantly
change the way Common Law claims are handled, include pre-action protocols, and
govern the conduct of litigation. Any letter of claim (which will contain a clear summary of
the facts on which the claim is based, including allegations of negligence, and will include
details of any injuries suffered or financial losses incurred) received from a claimant,
insurance company, solicitor or other interested party is to be forwarded immediately by
facsimile to Directorate of Safety & Claims as the appropriate authority, and no reply or
acknowledgement whatsoever is to be sent to the writer. Failure to meet the protocol
requirements can lead to sanctions being imposed by the courts. It follows that only
Directorate of Safety & Claims may interpret what constitutes a letter of claim and how an
acknowledgement should be phrased.

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3. Units, ships and establishments will be notified by a Claims Officer if any statement or
supplementary statement from a witness, or the attendance of such a witness is required.
Any request from a Claims Officer or commercial Claims Handler acting for the MOD to
obtain such a statement will be taken as referring solely to a statement required for claims
purposes and not to one for disciplinary purposes. The evidence of police and civilians
required solely for disciplinary purposes may, however, be obtained direct by the quickest
possible means.

4. Units, ships and establishments are reminded that any requests made by Claims
Officers or the Department’s commercial Claims Handlers for additional information, which
may include BOI reports, Service Police reports and unit enquiries, are made both in the
interests of the Ministry of Defence and of the Service, and is for the purpose of ensuring
that a claim by or against the Ministry of Defence, or the initiation of a claim, is properly
considered. All personnel should also be aware that legal proceedings are frequently
served and Claims Officers are frequently called upon to prepare a case for Court Hearing.
All Claims Officers are obliged to comply with the Rules of Disclosure and no information
is disclosed without authority from the appropriate authorising branch. Units, ships and
establishments are therefore to comply fully and promptly to such requests.

J.5927. Off-Duty Claims

1. In the United Kingdom the Ministry of Defence does not accept responsibility for
claims against Service personnel arising from off-duty incidents and claimants are
expected to seek redress against the individuals responsible for the injury or loss.

2. Overseas there is provision in certain international agreements (e.g. NATO Status of

Forces Agreement) for the Ministry of Defence to consider claims arising from off-duty
incidents and Directorate of Safety & Claims or the local Area Claims Officer should be
contacted when any such claim arises.

5928. (Navy only) Maritime Claims - General

1. Para 5928. - 5932. (which, as appropriate, should be read in conjunction with

Annex 59B) outline the procedures to be followed in processing claims for loss or damage
arising out of the navigation or operation of a vessel and other maritime incidents and
include those involving:

a. Collisions and other navigational incidents reported under Para 4507.

b. Oil spillage.

c. Gunnery/missile firing incidents.

d. Damage to naval static property by merchant vessels or other vessels or craft not
owned by the Ministry of Defence.

e. Damage to fishing gear.

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2. Authorities Responsible for Claims Action. The authorities listed below are
responsible for ensuring that the correct action is taken promptly after an incident in an
area of their concern giving rise to a maritime claim by or against the naval and marine
forces, or in respect of Royal Fleet Auxiliaries, Royal Maritime Auxiliary Service vessels or
other ships and craft in MOD service, so that the interests of the Ministry of Defence in any
subsequent claim or litigation proceedings are not jeopardized. Reports of incidents giving
rise (or likely to give rise) to a claim by or against the Ministry of Defence, and any letter
of claim received are to be forwarded to the appropriate authority of those listed below:

a. Authorities.

(1) Flag Officer Scotland, Northen England and Northern Ireland.

(2) Queens Harbour Master Portsmouth.
(3) Flag Officer Sea Training.
(4) Commander British Forces Gibraltar.
(5) Commander British Naval Staff, Washington.
(6) Head of British Defence Liaison Staff, Canberra.
(7) Commodore Clyde.
(8) Commander British Forces South Atlantic Islands.
(9) The local British Naval Attaché, British Embassy/High Commission; or if none
of the above is appropriate:
(10) Directorate of Safety & Claims.

b. For incidents abroad involving a Royal Fleet Auxiliary vessel:

(1) RFA agent; or

(2) Commodore Royal Fleet Auxiliary.

c. For incidents abroad involving a Royal Maritime Auxiliary Service vessel:

(1) RFA agent (who will act as RMAS agent); or

(2) General Manager RMAS.

d. For incidents involving cadet forces:

(1) Second Sea Lord and Commander-in-Chief Naval Home Command.

e. For incidents involving Royal Marine craft:

(1) Commandant General Royal Marines who may exercise the authority
delegated by J.5924. sub para 4 and [Link] para 5.

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5929. Collisions and other Navigational Incidents - Claims

1. This Article applies specifically to claims arising out of incidents reported under Para
4507. but provides guidance also for the processing of those referred to in Para 5930.,
Para 5931. and, as appropriate, Para 5932. It should be read in conjunction with
Annex 59B.

2. Responsibility for Claims Action.

a. The appropriate authority of those listed in 5928. sub para 2 should:

(1) Enter into preliminary negotiations with the other party.

(2) Ensure that the incident has been reported in accordance with 4504. sub para
1 and c or 5931. sub para 3 and sub para 6 and establish whether, in cases
where fishermen allege damage to trawls etc. through the activities of HM
ships or other vessels in the naval service, action has been taken as required
by 4501. sub para 3.
(3) Ensure that all matters which may affect liability have been or are being
investigated and that any appropriate witnesses’ statements have been
obtained. Where liability in an incident reported under 4507.2 sub para c
depends on establishing the extent to which a naval vessel was at fault,
however, the investigation will be carried out and the details forwarded to the
authority dealing with the claim in accordance with Para 3. of [Link] 59A.
(4) Ensure that any necessary joint survey has been or is being arranged and
that any photographs or details of the damage have been passed to the
surveyor representing the Ministry of Defence (see Annex 59B, sub para 14
- 22).
(5) Ensure that the sum sought by a claimant in compensation for damage
caused by a naval vessel does not exceed the limitation fund of the vessel
(see Annex 59B, sub para 13).

b. The authority concerned should either settle the claim in accordance with sub
para 5 below or, if the claim cannot be dealt with locally, forward the details of the
claim to Directorate of Safety & Claims in accordance with sub para 6.

3. Serious or Difficult Cases.

a. Guidance on the procedures to be followed is to be sought from Directorate of

Safety & Claims.

b. In major cases where the preliminary negotiations with the other party are
conducted by the Treasury Solicitor, the authority concerned will be informed that
the action specified in sub para 2 will be co-ordinated by Directorate of Safety &
Claims.

4. Admission of Liability. Only Flag Officers, Commanders-in-Chief and Directorate of

Safety & Claims may admit liability, repudiate claims or otherwise enter into negotiations
over liability with other parties. Action by all other authorities is to be carried out without
prejudice.

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5. Local Settlement.

a. Flag Officers and Commanders-in-Chief are authorized to settle on behalf of the

Ministry of Defence claims for compensation arising from incidents reported under
4507..2 sub para c where they are satisfied that the following conditions are
fulfilled:

(1) The naval vessel is 100% liable for the incident.

(2) The claim is fair and reasonable.
(3) The claim does not include personal injury.
(4) The amount of settlement does not exceed the limitation fund of the naval
vessel involved (see Annex 59B, sub para 13).
(5) The amount does not exceed the level of authority delegated by Chief Claims
Officer.

b. Payment is to be made only to the owner of the damaged property or to persons

nominated by him to act on his behalf such as solicitors or an insurance company
and the payable order annotated in full final settlement of the claim against the
Ministry of Defence.

c. Payment should be charged to the Navy Maritime Compensation Vote sub-item

which covers damage caused by HM ships and other vessels in the naval service.

d. A monthly report giving brief details of claims settled under 5929..5 sub para a
should be forwarded to Directorate of Safety & Claims.

e. There is no delegated authority for settlement of claims against other parties to be

made locally.

6. Forwarding Claims. If a claim cannot be settled locally or if a claim is to be pursued

against another party, the details of the claim are to be forwarded to Directorate of Safety
& Claims 2 in the following form:

a. Report of incident.

b. Witnesses’ statements, or names and addresses of witnesses if appropriate.

c. Previous correspondence with the other party.

d. Joint survey report where appropriate.

e. Covering comments.

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5930. Oil Spillage and Gunnery or Missile Firing Incident - Claims

1. Oil Spillage. Claims against the Ministry of Defence which arise out of damage
caused by the spillage of oil into the sea or into harbour, port or inland waterway and which
involve naval vessels, structures or establishments should be dealt with as appropriate
under the procedures laid down in Para 5929. taking account of the following:

a. Any claim settled locally is to be paid without admission to liability and in full and
final settlement of the claim against the Ministry of Defence.

b. Unless the claim arises from a collision incident, settlement should be made from
the Navy Miscellaneous Maritime Compensation Resource Account Code.

c. Brief details of any claim settled under delegated authority should be forwarded
to Directorate of Safety & Claims.

d. If a claim cannot be settled locally or if a claim is to be pursued against another

party appropriate details, on the lines of those required by 5929. sub para 6, are
to be sent to Directorate of Safety & Claims.

There is no delegated authority for settlement of claims in respect of oil spillage outside
home waters.

2. Gunnery or Missile Firing Incidents. Claims arising out of damage to property not
owned by the Ministry of Defence by the firing of shells/missiles from one of HM ships
should be dealt with the procedures laid down in Para 5929.. There is no delegated
authority for such claims to be settled locally: relevant information as required, on the lines
of by 5929. sub para 6, should be forwarded to Directorate of Safety & Claims.

5931. Damage to Naval Static Property

1. General (see also guidance in Para 5929.). Authorities locally responsible for the
administration of static property such as jetties, wharves, piers, docks, locks, basins,
buoys, pontoons, dolphins, underwater cables, oil fuel lines or other structures owned or
occupied by the Ministry of Defence (Navy) damaged by a vessel not owned by the
Ministry of Defence, should take certain measures immediately after the incident to ensure
that any claims procedures against the offending vessel will not be jeopardized.

2. Immediate Action.

a. The authority locally responsible for the damaged structure should show the
Master of the vessel the extent of the damage and obtain full details of the vessel
(see sub para 3 below).

b. The Ministry of Defence Police, the Queen’s Harbour Master (if the incident
occurred in a dockyard port) and the Area Flag Officer are to be informed
immediately by telephone if:

(1) The vessel is unidentified; or

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(2) The incident may have been an offence under local by-laws or Port orders;

or
(3) The vessel is foreign and may be attempting to sail out of United Kingdom
territorial waters in order to avoid British jurisdiction.

3. Signalled Report. An initial report is to be made as soon as possible after the incident
by signal (SIC Z4E) to the appropriate authority of those listed in 5928. sub para 2 and to
the Ministry of Defence (Navy). (If the authority locally responsible for the property is one
of those listed in 5928. sub para 2 the signal to the Ministry of Defence (Navy) is still
required.) The signalled report is to be made in the following form:

a. Name of vessel.

b. Home port.

c. Name of port from which the vessel has come.

d. Name of port to which the vessel is going.

e. Flag state.

f. Tonnage (approximate).

g. Name, address, telephone number and e-mail address of person who should be
contacted about any possible claim.

h. Property which vessel has damaged.

i. Date and time of incident.

j. Extent of damage to naval property (e.g. serious, minor, etc.).

k. Any other relevant information.

l. Confirmation that a written report will be forwarded.

4. Joint Survey. The appropriate authority of those listed in 5928. .sub para 2 should
ensure that prompt action is taken, if appropriate, to arrange a joint survey of the damage
caused (see 5929.2a sub para 4 and Annex 59B, sub para 14 - 22).

5. Minimizing losses. See Annex 59B, 23 sub para b.

6. Written report. The signalled report is to be followed without delay by a written report
to the appropriate authority of those listed in 5928. .sub para 2. If the authority locally
responsible for the property is one of those listed in 5928. .sub para 2, the report by this
authority should be forwarded as soon as practicable with other appropriate information,
to Directorate of Safety & Claims (see 5929. sub para 6). The report is to include the
following information:

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a. A description of the incident, stating how the vessel appeared to be at fault,

providing a diagram and photographs if necessary;

b. Whether a pilot was on board or tugs were being used at the time of the incident;

c. If the pilot is employed by, or the tug is owned by the Ministry of Defence, did the
vessel sign a Form D.461 or D.462? (In such cases separate reports from the pilot
and the Master of the tug are to be forwarded through Marine Service channels in
accordance with BR 8514, Chapter 7.)

7. Naval Property Abroad. When merchant or private vessels cause damage to static
property owned or occupied by the Ministry of Defence (Navy) abroad, the authority locally
responsible for the property should take action in accordance with this Article and, as
appropriate, with Para 5929..

5932. Damage to Fishing Gear

1. Damage/loss may be caused through:

a. The activities of HM ships or other vessels in the naval service including naval
hovercraft.

b. The activities of foreign naval vessels.

c. The trawling of items of practice ordnance and associated armament stores/

equipment.

d. The trawling of items of ordnance of wartime origin.

e. The trawling of items of equipment/stores (other than those at c and d above).

f. The trawling of aircraft wreckage.

2. Damage/loss Caused by HM Ships or other Vessels in the Naval Service. Regard

should be paid to the instructions in [Link] para 3 and, as appropriate, to those in
Para 5929.:

a. Claims for compensation submitted by fishermen on Form S.1301 in respect of

loss of or damage to nets, trawls or other fishing gear in home waters and for
consequent loss of fishing time may be settled locally on the authority of the local
Flag Officer up to a limit of £8000 for any one claim provided that, after
investigation by the naval authority and independent assessment of the amount
claimed (normally in the UK by the local Sea Fisheries Inspectorate through whom
the fishermen submit their claims), naval liability is established.

b. Payments made locally should be accompanied by a statement that they are

without prejudice to liability and in full and final settlement of the claim against the
Ministry of Defence and charged to the Navy Miscellaneous Maritime
Compensation Vote sub-item.

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c. Claims exceeding the £8000 limit and any cases of doubt (e.g. if prior warnings or
Notices to Fishermen etc. were not observed) should be forwarded with
appropriate supporting documents and covering comments by the Flag Officer to
Directorate of Safety & Claims.

d. Claims arising from incidents occurring abroad should be forwarded by the local
naval authority, with supporting documents and comments, to Directorate of
Safety & Claims or the appropriate Area Claims Officer.

3. Damage/loss caused by Foreign Naval Vessels to Fishing Gear Owned by

United Kingdom Fishermen. (See also Annex 59B, 8 sub para b) Normally the Ministry
of Defence has no liability to handle compensation claims for alleged damage or loss in
these circumstances. When a claim cannot be settled amicably between the claimant and
the foreign naval authority concerned, or where there is doubt about the foreign vessel’s
responsibility or other complicating factors, details of the claim on Form S.1301, certified
by the local Sea Fisheries Inspectorate and with any comments by the Flag Officer, should
be forwarded without delay to Directorate of Safety & Claims for action.

4. Damage/loss caused through Trawling of Items of Royal Navy, Army or Royal

Air Force Practice Ordnance and Associated Armament Stores/Equipment. (See
also 5 sub para b and sub para c.) In cases where fishermen have sustained damage or
loss through the trawling practice bombs, torpedoes, bombs, shells, etc. and associated
armament stores/equipment (e.g. mine carriages, multiplanes, floats, etc.) the following
procedures apply:

a. Claims from fishermen on Form S.1301 in respect of loss or damage to nets or

other fishing gear and any consequent loss of fishing time through trawling such
items should be dealt with by the local Flag Officer as in 2 sub para a and sub para
b above, consulting Army or Royal Air Force authority as to the identity, age, etc.
of an object as appropriate (and in the case of a torpedo, whether it is serviceable
or unserviceable).

b. Compensation claims exceeding £8000, or in any cases of doubt or claims for

damage to fishing vessels alleged to have been caused by practice ordnance etc.
should be forwarded with supporting documentation and comments to Directorate
of Safety & Claims.

c. Local payment of a reward for recovery (or leading to recovery) of a practice

torpedo or mine, to which a claimant may be entitled in addition to compensation
for damage and loss, may be made in accordance with the provisions of
Para 4674. and Para 4676. as a charge to the Navy Maritime Compensation Vote
sub-item. When a claim for damages is forwarded for consideration to Directorate
of Safety & Claims in accordance with instructions in 4 sub para b it should be
confirmed whether or not local payment of an appropriate reward has been made
to the claimant.

d. Claims arising from incidents occurring abroad should be dealt with as in 2 sub
para d.

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5. Damage/loss caused through Trawling of Items of Ordnance of Wartime Origin.

Ministry of Defence accepts no liability in law for damage or loss caused by items of
wartime explosive ordnance, but the following compensation arrangements apply:

a. Claims for damage to fishing gear and loss of fishing time arising from the trawling
of such ordnance whether of British or foreign (invariably German) origin (which
may include torpedoes, bombs, mines, shells or other explosive ordnance
originating from ships or aircraft) encountered within 12 miles of the United
Kingdom’s shores may be settled by the Flag Officer on an ex gratia basis up to
a limit of £8000 (as a charge to the Navy Miscellaneous Maritime Compensation
Vote sub-item) subject to:

(1) Confirmation by the Officer-in-Charge of the Explosive Ordnance Disposal

Unit that the object has been located and rendered harmless (but see also 5
sub para b below).
(2) An acceptable independent assessment of the fishermen’s claim on Form
S.1301, by the Sea Fisheries Inspectorate.
(3) The signing of a form of discharge by the claimant in the following terms
before payment is made:

‘I, the undersigned, do hereby testify to my understanding that the payment

listed hereunder is made to me ex gratia and that I have no claim in law
against the Ministry of Defence or any other emanation of the Crown.’

b. Compensation for loss of fishing time is payable for any period in which the
Explosive Ordnance Disposal Unit is called out and uses a fishing vessel and/or
the services of the skipper and crew to assist in locating a suspected explosive
object even if:

(1) The object is not located; or

(2) It is found to be something other than an item for which compensation for loss
of fishing time is payable under the rules in this clause and in sub para 4,
provided the Flag Officer is satisfied that the fisherman has acted in good
faith.

c. If an item identified under 5b sub para (2) is not of Service origin a claim for
damage to fishing gear arising from contact with the object should not be met. If
the item is found to be one of those covered by sub para 7 and sub para 8 below
the total claim should be forwarded with supporting documents and comments by
the Flag Officer to Directorate of Safety & Claims.

6. Rules to be observed by Fishermen when they Trawl Explosive Ordnance. In

their own interest, opportunity should be taken to draw the attention of fishermen, when
appropriate, either through the Fisheries Inspectorate or directly, as the occasion arises,
to the general guidance in Admiralty Notices to Mariners, No. 6 about the action to be
taken when a suspected explosive item is encountered.

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7. Damage caused by Trawling of Items of Equipment/Stores (Other than those

Items Covered by sub para 4 and sub para 5).

a. Area Flag Officers do not have delegated authority for settling claims for damage
to fishing gear and loss of fishing time arising from the trawling of items which may
include buoys (sonar, mooring or marker buoys etc.) or other miscellaneous items
of naval origin. Any claim submitted (on Form S.1301) by a fisherman (who may
also be entitled to a reward in respect of the recovery of an item of value to the
Ministry of Defence) should be forwarded with supporting documents and
comments by the Flag Officer (to include information about the value of the item
if known) to the Directorate of Safety & Claims.

b. Claims arising from incidents occurring abroad should be dealt with as in 2 sub
para d.

8. Damage caused by Trawling Parts of or Equipment from Crashed MOD Aircraft.

There is delegated authority for settlement of claims arising from trawling these items, and
such claims should be dealt with as in sub para 4 above.

5933 - 5940. Unallocated

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SECTION III - SPECIAL PROCEDURES FOR CLAIMS ARISING IN FOREIGN

COUNTRIES

5941. Claims Against Naval and Marine Personnel in Foreign Countries

1. The action required of Commanding Officers in regard to claims against naval or

marine personnel arising from incidents in foreign countries is governed, in NATO
countries, by the provisions of the NATO Status of Forces Agreement which covers tort
claims incurred both while on duty and off duty. (‘Torts’ are wrongful, injurious or negligent
acts.) Claims arising in non-NATO countries (which may be subject to a MOU or other
agreement) from torts done in the course of official duty are dealt with as claims against
the Ministry of Defence; the handling of claims arising in such countries from off duty torts,
e.g., while on shore leave, is described in subsequent articles.

5942. NATO Countries - On-Duty and Off-Duty Tort Claims

1. The claims procedure in Article VIII of the Agreement regarding the Status of Parties
to the North Atlantic Treaty signed at London on 19th June, 1951 (Cmd 9363) applies in
Albania, Austria, Azerbaijan, Belgium, Bulgaria, Canada, Croatia, the Czech Republic,
Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Italy,
Kazakhstan, Latvia, Lithuania, Luxembourg, Macedonia (the former Yugoslav Republic
of), Moldova, the Netherlands, Norway, Poland, Portugal, Romania, the Slovak Republic,
Slovenia, Spain, Sweden, Turkey, Ukraine, the United Kingdom, the United States of
America, and Uzbekistan.

2. Article VIII of the Agreement contains provisions for dealing with and settling certain
categories of claims including:

a. Claims for damage to property of governments of the contracting States arising in

connection with the operation of the North Atlantic Treaty.

b. Claims from third parties in respect of acts or omissions (negligence) of members

of a visiting force or its civilian component occurring in the territory of a receiving
State (i.e., the State to which the visit is paid) and done in the performance of
official duty.

c. Claims from third parties for death or personal injury arising out of the navigation
or operation of a ship used by the forces or the loading, carriage or discharge of
cargo from it, and occurring in the receiving State or its territorial waters.

d. Claims from third parties against members of a visiting force or civilian component
arising out of their tortious acts or omissions (negligence) occurring in a receiving
State but not done in the performance of official duty.

3. The Agreement does not cover contractual claims or:

a. Third-party maritime claims for material damage occurring in the ports or territorial
waters of a receiving State; or

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b. Third-party maritime claims occurring outside territorial waters.

Claims within categories 3a and b are to be reported to Directorate of Safety & Claims in
the normal way (copy to the Naval Attaché concerned).

4. The Service or civilian personnel covered by the NATO claims procedure must have
come to the country concerned (the receiving State) on official duty, i.e., not privately on
leave. Personnel of any of HM ships which are visiting the port of a NATO country are
covered, as well as personnel stationed in the receiving State or landed for exercises or
training. Members of the Armed Forces of the United Kingdom include, for this purpose,
members of the Reserves under training; the ‘civilian component’ includes members of the
sponsored organisations and Ministry of Defence United Kingdom based civilian staff. The
staff of Naval Attaches are not included.

5. Members of the forces of Commonwealth countries (other than Canada) and of non-
NATO countries, who may be borne in HM ships, are not covered by the Agreement; nor
are persons who are not in the employ of the Ministry of Defence (e.g., servants,
laundrymen, or civilian passengers).

5943. NATO Claims Arrangements

1. Third-party claims arising from acts done on duty are, under the NATO claims
arrangements, investigated, assessed and paid by the authorities of the receiving State in
the same way as local claims arising from the activities of its own forces; and accounts are
subsequently rendered to the sending State. Third party claims arising from acts done by
off duty personnel, including claims resulting from the unauthorised use of Service
vehicles, are considered and assessed (but not paid) by the receiving State and a report
is submitted to the sending State who decide whether to offer an ex gratia payment and in
what amount.

2. Both on duty and off duty claims are handled, as between the NATO governments by
designated Claims offices. Directorate of Safety & Claims handles all such claims involving
United Kingdom armed forces, except where there is an Area Claims Officer or deployed
Claims Officer, through Service attaches. Addresses are shown at [Link] 59A, Part 3.
Commanding Officers are therefore to address reports on incidents giving rise to claims to
the appropriate office.

3. Copies of reports under sub para 2 are to be sent at the same time to

a. The ship’s administrative authority.

4. These reports should state:

a. Date of incident, ship involved, particulars of the personnel involved, full details of
the circumstances and of the damage claimed, and the names and addresses of
claimants and witnesses. Service and civilian police reports, if compiled, should
also be forwarded. If, for any reason, the naval personnel alleged to be
responsible cannot be identified the circumstances should be stated.

b. Whether or not the act or omission giving rise to the claim was done in the
performance of official duty.

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c. Whether naval disciplinary action or local police action has been or is to be taken.

d. Whether proceedings by the claimant in a local court are likely and whether the
officer or rating concerned has admitted responsibility for the damage and has
expressed his willingness in writing to pay compensation.

5. Persons making claims should be told to send their claims to the responsible office of
the Receiving State and not to any British Consul or other authority.

5944. Off-Duty Claims in Foreign Countries

1. The Ministry of Defence accepts no liability for the acts of naval personnel while off
duty. No payment or promise of payment from naval funds is to be made (either direct or
through the Consul) unless the individual concerned has undertaken to reimburse the
Crown, or express Directorate of Safety & Claims approval is obtained.

2. When an incident ashore in a foreign (NATO or non-NATO) country leads to a claim

for damages or injury against an individual who was not on duty at the time, and his
responsibility is proved or is admitted by him, he should be encouraged to settle the claim
promptly and privately, direct with the claimant. The help of the British Consul or Naval
Attaché may be sought. The moral and legal obligation to pay should be impressed on the
individual. An advance of pay may be made to help him meet the claim, provided that the
amount so advanced does not normally exceed a sum reasonably recoverable from him
within a maximum of six months or before the termination of his service, if earlier.

3. If it is not possible to reach a quick and amicable settlement with the claimant, the
individual responsible should be asked whether, if a settlement is negotiated officially, he
is willing to reimburse the Ministry of Defence for any sum paid and up to what maximum.
If any advance of pay would be necessary, the maximum should be as in sub para 2. Any
undertaking to this effect must be made voluntarily and should be in writing. There is no
power to impose monetary charges in such cases; naval disciplinary action in respect of
any offence from which the claim arises is to be taken first and the matter of payment
should be raised independently afterwards.

4. If the amount of the claim is likely to exceed the individual’s resources or if he is

unwilling to pay, the circumstances should be reported to the administrative authority (copy
to Directorate of Safety & Claims) for directions.

5945. Unsettled Off-Duty Claims

1. In a NATO country, any off-duty claim that cannot be settled on the spot by private
arrangement, e.g., while the ship is in port, should be reported without delay to the
appropriate United Kingdom Claims Office, with the details required by 5943 sub para 4.
The Consul, if involved, should be asked to take no action but pass any correspondence
to the Claims Office. The claimant is at the same time to be informed that the matter is to
be dealt with under the NATO SOFA procedure and that he must pursue the matter with
the responsible office of the receiving State. If the individual responsible has given a
written undertaking to pay, the original should be sent to the sending State Claims office
and a copy to the Ministry of Defence. The sending State Claims office will, if appropriate,
make proposals to the Commanding Officer about payment by the individual.

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2. In a non-NATO country, an off-duty claim that cannot be settled on the spot is to be

referred to, or left in the hands of, the British Consul or Naval Attaché with a report on the
circumstances and the action so far taken, including disciplinary action. The report should,
if necessary, ask for a recommendation as to a fair settlement and should make clear
whether any further authority is required before payment. If, on the merits of the claim, it is
recommended by the Consul or Naval Attaché that an ex gratia payment from public funds
should be made for the whole or part of the claim, the recommended settlement should be
reported urgently to Directorate of Safety & Claims or appropriate Area Claims Officer
(copy to administrative authority) for approval before payment.

3. If, in any non-NATO foreign country, the Commanding Officer cannot discover the
identity of an individual responsible for an off-duty tort giving rise during the ship’s visit to
a claim, but is reasonably satisfied that a member of the ship’s company was responsible,
an ex gratia payment may be made up to a maximum of £100 provided that it is authorized
by the Senior Naval Officer present, or by the Naval Attaché. The Commanding Officer
should investigate the claim in consultation with the British Consul or Naval Attaché, if
present. Receipts obtained for such payments are to state that the payment is accepted in
full and final settlement of any claim against the Ministry of Defence and its servants and
implies no acceptance of legal liability. Claims which cannot be met within the £100 limit
are to be dealt with as in sub para 2.

5946. Verification of Claims

1. When Commanding Officers are required to investigate claims, they should require a
claimant to itemize and substantiate the elements in his claim, e.g., cost of replacements,
out-of-pocket expenses, medical expenses, fares, etc., and to produce estimates of repair
costs from reputable repairers. The Consulate should be asked for advice as necessary,
e.g., as to local prices, and to check the items. Inquiries should be made of the claimant
as to any insurance taken out. An attempt should be made to assess and negotiate a fair
figure before reporting an unsettled claim to Directorate of Safety & Claims.

5947 - 5960. Unallocated

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SECTION IV - MATTERS INCIDENTAL TO CLAIMS AND OFFENCES ABROAD

5961. Other Matters Arising from Incidents Ashore in Foreign Countries

1. Incidents of major consequence involving libertymen ashore (e.g., serious assault) are
to be reported to the Commander-in-Chief concerned (copy to Directorate of Safety &
Claims).

2. If an officer or rating is detained by the civil authorities, representations for release

should be made with the British Consul, and, if appropriate, an undertaking may be given
that any misbehaviour will be dealt with as a matter of naval discipline, or that any
compensation claimed will be considered by the proper authorities. In NATO countries
release can normally be claimed as in BR 11, Manual of Naval Law, Chapter 1 and on the
grounds that compensation is provided for under Article VIII of the NATO Status
Agreement.

3. In foreign ports where the local civil authorities demand, in return for handing over the
individual, a guarantee covering the payment of such costs, fines and damages as may be
awarded subsequently by a local court, no such guarantee is to be given except on
instructions from the Commander-in-Chief. The Naval Attaché or Consul should be asked
to obtain local legal advice before a decision is made. See Para 5812. for bail abroad.

5962. Fines and Court Costs

1. An advance of pay for meeting a fine or court costs may be authorised under the
conditions set out in BR 1950, Naval Pay Regulations. Fines and court costs are the
liability of the individual concerned.

2. In some cases an individual may be released to his ship and the hearing of the case
by the local court may be then taken later in absentia. If fines or costs are then inflicted,
the individual concerned has a personal obligation to pay them and neither the ship nor
the Consul should make payment except with his agreement. Cases of difficulty are to be
reported to the Commander-in-Chief and Directorate of Safety & Claims.

5963. Recovery of Payments

1. When in any case the Consul has been instructed to pay on behalf of an individual,
the amount should be debited against his naval pay account. The letter to the Consul
should quote the number of the account and the ledger period in which it occurs. One copy
of this letter should be sent to the CE, PPA and a further copy kept as a ledger enclosure.

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