Sam Louwers appeared on behalf of the appellant (K) in a War Pension appeal hearing against the Secretary of State for Defence.
K is a veteran of the British Army who had sustained a number of injuries to their back during their service career, including during operational deployment to Iraq.
Post service, K’s injuries sadly worsened resulting in spinal surgery and the use of a wheelchair. The Secretary of State for Defence contended that K did not experience significant trauma during their service, and that it must have been alternative factors that caused the life changing situation they found themselves in.
After significant work on the case, Sam served a skeleton argument on behalf of K prior to the hearing in the First Tier Tribunal. The Secretary of State for Defence continued to contest the matter, but the Tribunal ruled in favour of K, finding that the back injury was not attributable to service, but caused by service. The matter will now be returned to the Secretary of State for awarding of compensation.
The Tribunal were grateful to Sam for the written work conducted and sympathised with K for the long process they have undergone in reaching the decision.
Sam was instructed by Louisa Donaghy of Hugh James, taking the case on a Pro Bono basis to support injured veterans.
Sam remains keen to support work within the War Pensions and Armed Forces Compensation Chamber and willing to discuss future instructions.
