Private Lee Ellis, who was 23, died in 2006 when his snatch landrover was blown up by a roadside bomb in Iraq.
He died along with Captain Richard Holmes. They were the first members of Colchester-based 2 Para to be killed in action since the Falklands conflict in 1982.
Lee was engaged to be married and had a 5-year-old daughter.
His family claim the snatch landrover gave little protection and believe if he'd have been in an armoured vehicle it could have saved his life. They've now won the right to sue the Ministry of Defence for negligence.
– Karla Ellis, Lee's sister
"It's took six years of my life, it's took my health, it's been horrendous."
Lee's sister Karla claims her brother should have been in a Warrior infantry fighting vehicle.
The Ministry of Defence had claimed that it was the government and not them who are responsible for claims relating to inadequate equipment.
But yesterday the High Court ruled that the Ministry of Defence does have a duty of care which "includes a duty to provide safe systems of work and safe equipment." This opens the possibility for families to take legal action against the MoD.
Lee's family know nothing will bring him back but hope their day in court may prevent other soldiers from losing their lives.