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.