The compensation claim follows a court martial in which one soldier was found guilty, and although others were implicated, the Ministry of Defence (MoD) has announced that no further charges will be brought. Nevertheless the MoD has admitted liability under articles two and three of the Human Rights Act and issued a formal apology in the House of Commons.

Solicitor for the claimants, Martyn Day, says the key remaining question is what the case is worth. Mediation was decided to be the appropriate means of settling this issue for two reasons, according to Day. ‘First, we want speedy resolution to the compensation case, which is why we thought mediation was a good way forward, and secondly, because it’s very likely that that there will be a public inquiry into the circumstances - unusually for a case like this - we have no problem in conducting the damages claim behind closed doors.’

As to the choice of mediator, Day, who has previously settled high-profile cases against the MoD mediated by Philip Howell-Richardson, was driven by the need for seniority in this case. ‘We wanted a mediation that was felt by the clients to have the gravitas the case demanded,’ he said. ‘The idea that the British Army should be involved in such serious abuse that someone ends up dying is pretty appalling, and we felt that it was right that Lord Woolf, having been the most senior figure available for a mediation like this, was appropriate.’

The claim is for exemplary damages, which according to Day is ‘very rare in a compensation case.’ Lord Woolf, he felt, ‘is a mediator who knows all about that sort of area.’

In conclusion, Day believes, ‘It’s horses for courses. We’ve been involved in a number of mediations, we know the MOD pretty well, and we’re confident we’ll come out of it with a fair and decent deal, and that our clients will leave feeling they’ve been dealt with properly.’