Which committee reviews a compensation application against the State or a local government, and when does a special committee at the Ministry of National Defence take it over?
General information · Not legal advice
Material to check
In a practice file we read the compensation application itself to see whom it is made against and who is said to have caused the damage, then any paper indicating whether the harm was caused by a soldier or a member of the armed forces.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the main rule: an application for compensation against the State or a local government is deliberated by the headquarters committee at the Ministry of Justice, which the provision establishes for that purpose.
Another reading takes the proviso as a carve-out limited by its own condition: where the application concerns harm caused to another person by a soldier or a civil servant of the armed forces, it is deliberated by the special committee at the Ministry of National Defence, so the special committee's remit reaches only that category of applications.
Your judgment
Where the harm is said to have been caused by a soldier acting together with an ordinary public official, which committee is the provision's carve-out addressed to?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to shift which ministry's committee handles a category of applications, or if an authoritative decision clarifies how the proviso applies where more than one actor is involved.