Stuart McCracken

Call 2010

mccracken@exchangechambers.co.uk

Photo of Stuart McCracken

Practice Overview

Military cases form a substantial proportion of Stuart’s practice.

He has advised and represented claimants in a wide range of civil claims involving the Armed Forces, including serious orthopaedic injuries sustained during pre-recruitment and training exercises; non-freezing cold injuries (‘NFCIs’) and heat injuries; ‘blast lung’ injury; bullying, harassment and assault suffered during service; noise induced hearing loss (‘NIHL’) sustained as a result of service; and psychiatric injuries, including allegations of clinical negligence such as failures to diagnose and/or treat such symptoms following return from theatre.

He has also appeared in the First Tier Tribunal (War Pensions and Armed Forces) on appeals against awards or ineligibility under the Armed Forces Compensation Scheme (‘AFCS’), and has advised in cases involving the Criminal Injuries Compensation (Overseas) Scheme (‘CIC(O)’). He acts pro bono in such cases when appropriate.

As with all personal injury claims, Stuart is keen to be involved from an early stage. He is happy to provide informal advice and assist with the instruction of experts with military specialism, on both liability and quantum.

His expertise in military cases means he is well placed to draft pleadings and to advise on the complex loss of earnings and pension loss claims which are often a feature of such cases, and their overlap with Guaranteed Income Payments (‘GIPs’) awarded under the AFCS.

Cases

MILITARY CLAIMS

X v M (2021) – acted for the claimant who had sustained an NFCI during exercises with the British Army. Settled for a six-figure sum.

X v M (2020) – acted for the claimant who sustained a broken ankle during a military prerecruitment course. Liability was contested and expert liability, medical and employment evidence was required. The claim settled for £175,000 net at a JSM.

X v M (2019) – in this liability-denied military claim involving a significant knee injury sustained during a training exercise, Stuart acted for the claimant throughout and secured a net settlement of £335,000 at a JSM.