Families of soldiers killed in Iraq have been given the go-ahead by the Supreme Court to bring compensation claims against the Government.
The family of a Tamworth soldier killed in Iraq will find out on the 19th June if they can sue the government for compensation.
Territorial Army units take part in a Nottingham recruitment event this weekend to explain to the public what being in the TA is all about
The Supreme Court analysed three central legal issues:
- Whether British soldiers killed during military operations abroad were within the jurisdiction of the UK for the purposes of Article 1 - which protects the right to life - of the European Convention on Human Rights (ECHR).
- Whether the MoD owed a duty to the deceased soldiers pursuant to Article 2 - which imposes a duty on authorities to protect the right to life by law - of the ECHR.
- Whether complaints of negligence are covered by the doctrine of combat immunity and whether it would be fair to impose a duty of care on the MoD.
Eight years ago Susan Smith's son Philip died in Iraq, he was blown up in his snatch Land Rover.
Since then she has fought her own battle, with the Ministry of Defence. She believes they breached his human rights and were negligent by not providing a suitably armoured vehicle to protect him.
The European Convention on Human Rights gives everyone a right to life. But the MoD argues that it should not apply to soldiers in war. Tomorrow the Supreme Court will decide who is right the MoD or Susan. Our correspondent, Mark Gough reports.
Susan Smith says she will keep on fighting for compensation on behalf of her son.
She will hear tomorrow if Supreme Court judges will allow her to sue the MOD for negligence. The High Court has already blocked her.
Susan Smith from Tamworth in Staffordshire lost her son Phillip Hewett in Iraq during a bomb attack. She claims his equipment, a snatch Land Rover, was inadequate.
Susan Smith from Staffordshire says that if judges rule against her it would mean her son Phillip Hewett has no right to live because he is a serving soldier.
She says she will continue her legal fight if the Supreme Court does not grant her the right to sue the Ministry of Defence.
Susan Smith's son, Philip Hewett, from Tamworth in Staffordshire died in 2005. She believes the Ministry of Defence was negligent in failing to protect her son and therefore breached his human rights.
The High Court has previously ruled his human rights weren't infringed. The Ministry of Defence argued that it does not have a duty of care to those it deploys on active service. It says arguments about equipment and deployment are for politicians and army chiefs - and not the courts.
Susan Smith will hear tomorrow if Supreme Court judges will allow her to sue the MOD for negligence on behalf of her son Private Phillip Hewett. The High Court has already blocked her.
The mother of a soldier who was killed in a snatch Land Rover by a bomb in Iraq eight years ago says she will fight in the highest courts for the right to sue the Ministry of Defence.
Susan Smith will hear tomorrow if Supreme Court judges will allow her to sue the MOD for negligence. The High Court has already blocked her.
The Defence Secretary says the changes will save £240 million a year in running costs as soldiers are moved into "clusters" in key locations. Returning forces will mainly be stationed around Salisbury Plain, Edinburgh and Leuchars, Catterick, Aldershot, Colchester, Stafford and the East Midlands.