An army chef who claimed he had suffered injury on a cold weather survival course has obtained £5,000 in compensation for frostbite to his ear, although the High Court found that he had not sustained non-freezing cold injury (NFCI) on his hands.
The survival course took place in extremely cold conditions. It included two nights sleeping in tents, a night in a shelter constructed as part of the exercise, and a challenge on the final morning that involved skiing into water through a hole in the ice. The chefs who had taken part in the challenge were subsequently ordered to attend the medical centre, where the man was seen that morning.
He later brought a claim against the Ministry of Defence (MoD). The MoD accepted that he had sustained frostbite to his left ear but denied that he had sustained NFCI to his hands.
After considering expert medical evidence, the Court found that there were a number of features that made it less likely he had suffered NFCI. The period of exposure during the final challenge was relatively short, and he had rewarmed prior to taking part in it. No symptoms had been noted when he attended the medical centre. The man’s complaints related to his hands, whereas NFCI is more usually seen in the feet and generally affects the fingers more than the hands. His more recent symptoms did not fit the pattern of NFCI.
The Court was not satisfied that he had proved, on the balance of probabilities, that he had suffered an NFCI affecting his hands. He would therefore be compensated only for the frostbite on his ear. The parties had agreed that, in this case, appropriate compensation would be £5,000.