Speaking to Daybreak about the court battle between relatives of soldiers killed in Iraq, and the MoD, Army Captain Patrick Hennessey said it "is right the most senior judges are making these decisions".
Families will today ask the UK's senior judges to rule that they can bring damages claims against the Government, under the human rights legislation.
He added that the questions being asked this week were "complicated and profound".
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The suspects were arrested by West Midlands Police and will appear before Westminster Magistrates' Court in London on Friday.
The former Wales international is expected to discover the new trial date at a hearing later today.
With dozens of stores making losses and 11,000 jobs at risk, BHS's main task is to return as much money as possible to creditors.