£4.7m for SAS man hit by shell

A former SAS soldier has been paid a record £4.7million by the Ministry of Defence for brain injuries received from a mortar round fired accidentally by a colleague.

Father-of-two Graham Tomlinson, 38, has endured mood swings, headaches, impaired balance and dysfunctional behaviour since the incident on a live firing exercise in Oman in 2002.

Mr Tomlinson, from the elite 22 SAS Regiment, was on a life-support system for six weeks and will require 24-hour care for the rest of his life.

Paul Harrington, solicitor for Mr Tomlinson and his wife, Noeleen, 33, who have two children, aged 14 and 11, said the couple were "very relieved".

He said Mr Tomlinson, of Farnham, Surrey, lacked "cognitive functioning abilities", adding: "He would go up to people reading a newspaper and take it off them saying, 'I want that'.

"It was dysfunctional behaviour and it took its toll on his wife. Physically he doesn't look injured, but he had a severe injury to the brain and needs 24-hour care."

The MoD had disputed the level of compensation – but upholding the £4.7million payout last Thursday, the Appeal Court described Mr Tomlinson as being like a "grown-up child".

Thanks to the payout – a record for any British Army soldier – the family now lives in a five-bedroom home with round-the-clock care for Mr Tomlinson.

The MoD said in a statement: "Where there is a legal liability to pay compensation, we do so."