Recommendation 23

If the MoD do have valid examples where claims that should have been struck out are being allowed even when there is no case to answer, then we should properly be discussing that matter and how to minimise such risks. But we should not use the phrases merely to describe situations where there were many, contradicting witness statements (including from different members of the Armed Forces) as to whether wrong-doing had occurred. As frustrating as that may be, that can be normal in litigation.