Jocelyn Cockburn, who represents some of the relatives, said she will fight for her clients' right to make claims on the basis of human rights in the Supreme Court.
Three judges today upheld their right to make claims on the basis of negligence, but they agreed with an earlier decision that human rights legislation could not be used. Ms Cockburn said:
The battle will go forward on human rights.
I think it is very important to establish a principle that soldiers going into battle have human rights ...
All the MoD must do is to take reasonable steps to protect the rights of its soldiers.