Compensation decision for families of dead soldiers

The family of Private Philip Hewitt from Tamworth say he was sent to fight in an ill-armoured vehicle Photo: ITV Central

For almost ten years the families of two Midlands soldiers killed in Iraq have been fighting for the right to sue the Military of Defence (MoD) for compensation, as they claim their loved ones were sent to carry out high risk activities in poorly armoured Snatch Land Rovers.

The outcome could impact on the way in which the British military prepares and equips its troops for war.

Today the families will learn if they have the right to sue the government for compensation as they claim troops were sent into battle without the right equipment.

The case could redefine the rights of soldiers and their families, it will also look at the state's duty of care towards troops sent off to fight.

In 2005, Private Philip Hewitt from Tamworth was killed alongside comrades when their Snatch Land Rovers were hit by roadside bombs also known as improvised explosive devices (IEDs).

Private Philip Hewitt from Tamworth was killed alongside comrades when their Snatch Land Rovers were hit by roadside bombs Credit: ITV Central

In 2003 Stephen Allbutt from Meir in Staffordshire was killed in Iraq when he and his comrades came under a 'friendly attack'

At the hearing in May the MoD stated that the claims should be blocked on the basis of combat immunity and because there is no duty of care under the Human Rights Act to protect the lives of soldiers in combat.