Our client, a former soldier in the British Army, was awarded over £700,000 (gross) after he sustained a non-freezing cold injury during military training.
Philip Hopla, now 41, from Merseyside, enlisted into the British Army on 13 May 2002 at the age of 17 on a 22-year open engagement. Having been in the Cadets, he was looking forward to the idea of a challenge and the opportunity to travel.
He completed his Phase I Basic Training at Lichfield and his Phase II Basic Training at Catterick in North Yorkshire. He passed out into the Field Army as an Infantry Soldier in December 2002 and was posted to the King’s Own Royal Border Regiment based in Cyprus. The Regiment returned to England, and he was then based at North Luffenham with the Regiment eventually merging with the Duke of Lancaster’s Regiment.
Whilst participating in his Phase II Basic Training in the Yorkshire Moors in October 2002, Philip sustained a non-freezing cold injury (NFCI) to his feet. During this training, the weather was cold and windy and there was ice on the ground. He was instructed to dig trenches, but the trenches filled with icy water as soon as they were dug. Philip was constantly wet. His feet were pale and became painful, cold and numb during the exercise.
Despite being downgraded for his injury, he suffered a further cold exposure in December 2002 during a ‘Final Fling’ exercise at Garelochhead in Scotland. It was cold and windy, and it snowed during the exercise. Philip was ordered to retrieve equipment from an icy, cold river. The water came up to around his knees.
As a result of the NFCI, Philip suffered from pain and numbness in his feet when exposed to cold and wet conditions, followed by a burning sensation when re-warming his feet. Philip’s symptoms have persisted, and he continues to suffer from symptoms if he is exposed to cold conditions. He is now cold sensitised and must avoid involuntary cold exposure to avoid further injury.
Due to the NFCI, Philip’s military career was cut short. But for his injury and his subsequent departure from the military, it is likely that Philip would have served a full 24-year engagement. Since his discharge, Philip has worked in a number of unskilled roles including warehousing and taxi driving. He is presently working as a self-employed mechanic in a small garage.
A claim was issued by Hugh James in July 2021 and, on 23 October 2025, the parties agreed settlement in the sum of £735,000 gross (£551,250 net) reflecting the 25% discount agreed in respect of liability, contributory negligence and limitation.
The settlement reached goes some way to financially return Philip to the position he would have been in but for the NFCI, taking into account the injury sustained, and the losses arising from losing his Army career.
Philip Hopla said:
“Life in civilian street was difficult to adapt to, the injury making life much harder as I was struggling to keep a job during winter months. The settlement provides security for me and my family and opens up opportunities for the future. It puts me in a position financially where I would be if I had completed my full term in the military. I couldn’t have wished for a better outcome.”
Whether you’re a veteran or still serving, our strong military team represents around 900 cases of NFCI and will advise you for free on whether you have a civil claim for compensation.
Nia-Wyn Evans, Partner in our military department, acted for Phil alongside her colleague Gurminder Sidhu in our London office. They said:
“We are pleased that we have reached a settlement on behalf of Mr Hopla. This resolution will bring much needed closure after he faced significant challenges finding suitable employment following his service. It is deeply disappointing that despite his initial injury, those responsible for his safety continued to expose him to the very risk they should have protected him from. We sincerely hope that this settlement helps Mr Hopla and his family move forward from the injury that profoundly altered the course of his employment.”
