A former Royal Marine who suffered serious injuries when the Land Rover he was driving plunged over a 100ft cliff has won his battle for compensation after the Court of Appeal overruled an earlier decision that he was not entitled to damages.

Thomas Birch, now 25, was 18 at the time of the accident, which happened in Afghanistan in 2006. He lost control of the vehicle, which careered over the cliff edge. He suffered life-changing skull, brain and internal injuries and had to learn to walk and talk again.

Mr Birch brought a claim for compensation against the Ministry of Defence (MoD), on the basis that the accident was caused by a mechanical problem with the Land Rover and that he had been allowed to drive the vehicle even though he held neither a military permit nor a driving licence.

The High Court rejected his claim, ruling that he must take responsibility for the fact that he had volunteered to drive. However, the Court of Appeal reversed this decision, ruling that the MoD, as Mr Birch’s employer, was in breach of its duty of care to him.

Mr Birch will receive a substantial sum in compensation, the exact amount of which has yet to be decided.