The issue in this case is whether non-freezing cold injury (NFCI) was to be defined as a disease or as an injury when considering success fees and the CPR 45.
The Claimant who was of African-Caribbean ethnic origin, enlisted in the British Army in December 2002. In February 2006 he was deployed to Norway for cold weather survival training. He sustained a cold injury known as non-freezing cold injury as result of which he was discharged from the army in 2007. He brought a negligence and or breach of statutory duty claim against the Defendant Ministry of Defence which settled for £75,000.
The issue regarding the success fee was whether it was 25% or 62.5% on the basis that NFCI was a “disease”.
Held - NFCI was not a ‘disease’ and when considering the definition of a “disease”, it was necessary to apply the natural and ordinary meaning of the word.