TL;DR
Section 10 of the Crown Proceedings Act 1947 once limited tort claims between and against members of the armed forces. The Crown Proceedings (Armed Forces) Act 1987 repealed it, but not for acts or omissions committed before the Act was passed on 15 May 1987. If your noise exposure was before that date, whether a civil claim is possible depends on the facts, so take individual advice. This is general information on UK law as checked on 16 October 2026, not legal advice. Limitation rules differ in Scotland.
The short answer
Service on or after 15 May 1987 is not affected by the old armed forces immunity. For earlier service the position is more complicated: the 1987 Act repealed section 10 of the Crown Proceedings Act 1947, but section 10 continues to apply to harm arising from acts or omissions committed before the 1987 Act was passed. Whether it actually prevents a particular claim depends on the conditions written into section 10 itself, so it cannot be answered without looking at your service history.
What section 10 of the Crown Proceedings Act 1947 said
Section 10 set out two protections. A member of the forces on duty was not liable in tort for another member's death or personal injury, and the Crown was not liable in tort where the injury resulted from the condition of forces land, premises, ships, aircraft or vehicles, or from equipment or supplies. Both protections depended on conditions, including that the injured person was on duty or on forces property at the time, and that the Secretary of State certified the injury as attributable to service for the purposes of an award under the relevant pension warrant or order.
The protection did not apply if the court was satisfied that the act or omission was not connected with the person's duties. A Secretary of State certificate on whether a person was on duty, or whether property was used for forces purposes, was conclusive on that point.
What the Crown Proceedings (Armed Forces) Act 1987 changed
The 1987 Act repealed section 10, subject to its own sections 2 and 5(2). Section 2 allows the Secretary of State to revive section 10 by statutory instrument, but only where necessary or expedient because of imminent national danger, a great emergency, or warlike operations outside the United Kingdom. Such an order cannot cover acts or omissions committed before it comes into force.
The repeal does not apply to harm arising from acts or omissions committed before the Act was passed. The Act received Royal Assent on 15 May 1987, so the dividing line is the date of the act or omission, not the date you notice your hearing loss.
Why hearing loss cases are not simple
Noise-induced hearing loss usually builds up over years, so a veteran who served both before and after 15 May 1987 may have exposure on both sides of the line. How exposure before and after the cut-off is treated is a legal and medical question for a solicitor and an audiological expert. We do not give a view on individual cases here.
Separately, a civil claim must still be brought in time. The general rule for personal injury is three years from the date the cause of action accrued or, if later, your date of knowledge. See our guide to time limits for military hearing loss claims.
Compensation schemes that may apply instead
The Armed Forces Compensation Scheme (AFCS) compensates for injury, illness or death caused by service on or after 6 April 2005. Claims for injury or illness generally must be made within 7 years of the earliest of the relevant dates set out in the guidance, although claims can sometimes be accepted outside those limits.
The War Pension Scheme (WPS) covers service before 6 April 2005. GOV.UK states there is no deadline to apply, but any award is only paid from the date of your claim. It also states that where the condition is noise-induced sensorineural hearing loss and the disablement is assessed as less than 20%, no pension or lump sum is payable.
These schemes are separate from a civil negligence claim. For how they compare, read AFCS versus a civil claim.
What to do next
Gather your service dates, postings and trades, any record of hearing tests, and any medical evidence of hearing loss or tinnitus. Read Hearing claim against the MoD and MoD hearing loss claim for how civil claims work, or use the eligibility checker to start a conversation. Outcomes are never guaranteed, and nothing here is advice on your own case.
Sources (checked 16 October 2026, UK)
Crown Proceedings (Armed Forces) Act 1987, legislation.gov.uk
Crown Proceedings Act 1947, section 10, legislation.gov.uk
Limitation Act 1980, section 11, legislation.gov.uk
Frequently asked questions
Does the 1987 Act mean I cannot claim for service before 1987?+
Not automatically. The 1987 Act left section 10 of the Crown Proceedings Act 1947 in place for harm from acts or omissions before 15 May 1987, but section 10 only applied where its conditions were met. Whether it affects your case needs individual legal advice.
Which date matters: when I served or when I noticed the hearing loss?+
For the 1987 Act the relevant date is when the act or omission was committed, not when you noticed symptoms. For the limitation period, a separate test based on your date of knowledge applies.
Where do I claim for service before 6 April 2005?+
GOV.UK says the War Pension Scheme covers injury or illness caused by service before 6 April 2005, and the Armed Forces Compensation Scheme covers service on or after that date.