Live updates

MoD court battle National

Supreme Court hears soldiers' families damages bid

Relatives of soldiers killed fighting in Iraq today began the latest phase of their fight for the right to launch damages claims against the Government.

Families want to sue for negligence and to make claims under human rights legislation.

The Supreme Court in Westminster, central London. Credit: Press Association

The Supreme Court began hearing arguments from lawyers representing relatives and counter-arguments from the Ministry of Defence (MoD) at a hearing in London.

Judges in the Court of Appeal and in the High Court have already considered the issues.

In October 2012, appeal judges said relatives could bring negligence claims but not claims under human rights legislation

In June 2011, a High Court judge had come to the same conclusions.

A panel of seven Supreme Court justices is expected to analyse arguments over the next four days.

Lawyers today began by outlining arguments relating to human rights legislation and are due to debate negligence issues later in the week.

Justices are expected to reserve judgment and deliver a ruling later in the year.

If given the go-ahead by the Supreme Court, relatives would be entitled to launch damages claims in the High Court.

MoD court battle National

Widow: The MoD has a 'duty of care' to employees

Debi Allbutt has spent ten years trying to hold the MoD to account over the death of her husband, in March 2003.

Corporal Stephen Allbutt died in a “friendly fire” incident in Basra.

Debi felt there could have been better training for the use of equipment.

She said: "In every day life our employers have a duty of care to all their employees, so what makes the MoD any different?"

Advertisement

MoD court battle National

Families' legal action over soldiers' deaths

Following the deaths of a number of soldiers, a group of families started legal action, judges have heard.

  • Corporal Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire
  • Trooper David Clarke, 19, of Littleworth, Staffordshire
  • Soldiers Dan Twiddy, of Stamford, Lincolnshire
  • Andy Julien, of Bolton, Greater Manchester

Soldiers Corporal Stephen Allbutt and Trooper David Clarke died after a Challenger 2 Tank was hit by another Challenger 2 Tank.

Soldiers Dan Twiddy and Andy Julien were injured in the same incident.

  • Private Phillip Hewett, 21, of Tamworth

Private Hewitt died in July 2005 after a Snatch Land Rover was blown up.

Lawyers said similar explosions claimed the lives of:

  • Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, in February 2006, and Lance Corporal Kirk Redpath, 22, of Romford, Essex, in August 2007
MoD court battle National

Soldiers' relatives in court with damage claims against MoD

Relatives of soldiers killed in Iraq will today ask the UK's senior judges to rule that they can bring damages claims against the Government.

Lawyers have said the families want the right to sue for negligence to make claims under human rights legislation.

The hearing is expected to last four days Credit: Peter Byrne/PA Wire

The hearing, which is expected to last four days at the Supreme Court, will analyse arguments from lawyers representing relatives and counter-arguments from the Ministry of Defence (MoD).

Relatives say the MoD failed to provide armoured vehicles or equipment which could have saved lives, and should pay compensation.

But the MoD says decisions about battlefield equipment are for politicians and military commanders.

Soldiers' Human Rights Ruling

Compensation decision for families of dead soldiers, full report

by Keith Wilkinson

Relatives of a number of soldiers killed in Iraq, including two from Staffordshire, have won the right to sue the Government for compensation. The Court of Appeal has ruled they can go ahead with legal claims on the grounds of negligence.

The families of Corporal Stephen Allbutt and Private Phillip Hewett are describing today's development as a "landmark" victory. But it could be some time before their cases are resolved in the courts.

Advertisement

Soldiers' Human Rights Ruling

Widow of soldier killed in Iraq "every employer has a duty of care, the MoD should be no different"

Debi the widow of Corporal Stephen Allbutt from Stoke-on-Trent who was killed in Iraq learned this morning from the court of appeal that she and others can continue on with their legal battle to sue the Government for the way their relatives were killed.

The families are claiming the Ministry of Defence were negligent in failing to provide equipment that could have saved lives.

Soldiers' Human Rights Ruling

The duty of care owed by the Ministry of Defence "has been recognised"

The Ministry of Defence has failed in its attempts to get a negligence claim thrown out of court.

Families of Private Phillip Hewett and Corporal Stephen Allbutt claim that the MoD didn't deliver a duty of care.

In his judgment today, Lord Neuberger described the MoD’s arguments as ‘fatally flawed’ and agreed that the claims should continue.

“The duty of care owed by the MoD, as employer, to the members of the armed forces, as employees, does exist and has been recognised, without demur, by the courts. It includes a duty to provide safe systems of work and safe equipment, as I have demonstrated. There was no suggestion that the courts were ill-equipped to deal with such issues, or that the resolution of the claims would be detrimental to the troops. The question whether a duty of care owed by the MoD to armed forces should be recognised has long since been answered. There is no basis for asking it in the instant appeals”

– Lord Neuberger speaking today
Load more updates

Advertisement

Related Topics

Today's top stories