§ Mr. GoodmanTo ask the Secretary of State for Defence whether the Kenyan citizens paid compensation by the Department in July 2002 were paid at(a) Kenyan and (b) British compensation rates. [140001]
§ Mr. IngramWhen a claim from overseas is heard in the United Kingdom under both common law and Part III of the Private International Law (Miscellaneous Provisions) Act 1995 any aspect of damages to be regarded as quantitative will be governed by the law of the country where the case is heard. In the case of Kenyan tribespeople claiming compensation for injury allegedly caused by unexploded ordnance, the level of damages awarded were assessed according to English principles.
§ Mr. GoodmanTo ask the Secretary of State for Defence what procedures were used by the Department to investigate the claims of the Kenyan citizens paid compensation in July 2002. [140002]
§ Mr. IngramThe investigation of a claim is tailored to meet the specific circumstances of each case.
In the case of Kenyan tribespeople claiming compensation for injuries allegedly caused by unexploded ordnance, the Ministry of Defence appointed a recently retired Brigadier and a serving Major to investigate the claims in both Kenya and the UK. In addition, a British Army surgeon was instructed to examine the medical evidence. Although the Ministry 1265W of Defence disputed liability in a number of cases, evidence based on inquest reports, Kenyan magistrates courts records, post mortem reports, police investigation reports, police post incident reports, certificates of death and medical reports indicated that some limited liabilities rested with the Department. A settlement was reached through mediation in July 2002.