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| Version 1 | Version 2 |
|---|---|
| Judge warns MoD on poor equipment | Judge warns MoD on poor equipment |
| (30 minutes later) | |
| Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, High Court judge Mr Justice Collins ruled. | Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, High Court judge Mr Justice Collins ruled. |
| In a test case over Scottish soldier Pte Jason Smith's death in Iraq, he said human rights legislation could apply to troops on active service. | In a test case over Scottish soldier Pte Jason Smith's death in Iraq, he said human rights legislation could apply to troops on active service. |
| He also ruled the families of those killed in conflict should get legal aid and access to military documents. | He also ruled the families of those killed in conflict should get legal aid and access to military documents. |
| The government is appealing against the court's ruling on human rights. | |
| The High Court rulings came during a request for military inquest guidelines in a case relating to Pte Smith, 32, from Hawick, in the Scottish Borders, who died of heatstroke in Iraq in 2003. | |
| Lawyers for the Ministry of Defence (MoD) had argued that it was "impossible" to give soldiers on active service "the benefits of the Human Rights Act". | Lawyers for the Ministry of Defence (MoD) had argued that it was "impossible" to give soldiers on active service "the benefits of the Human Rights Act". |
| The right verdict has been arrived at today Diane DernieMother of injured L/Bdr Ben Parkinson | |
| But the High Court ruled service personnel were entitled to some legal protection "wherever they may be". | But the High Court ruled service personnel were entitled to some legal protection "wherever they may be". |
| The decision was a legal defeat for Defence Secretary Des Browne, who also had his bid to ban coroners from using phrases such as "serious failure" in verdicts rejected. | The decision was a legal defeat for Defence Secretary Des Browne, who also had his bid to ban coroners from using phrases such as "serious failure" in verdicts rejected. |
| Diane Dernie, the mother of L/Bdr Ben Parkinson, from Yorkshire, who lost both his legs as well as suffering a brain injury in a landmine explosion in Afghanistan last year, told the BBC the court's decision was "absolute common sense". | |
| "How can you expect these soldiers to go out and risk everything and give their all and the government to not have any responsibility to ensure their equipment functions correctly and provide safety equipment? | |
| "This shouldn't have even been up for discussion, it's common sense." | |
| Appeal | |
| Mrs Dernie said the government's failed attempt to restrict critical language used by coroners in military inquests had been "ridiculous" and "unacceptable". | |
| "The right verdict has been arrived at today," she added. | |
| The MoD confirmed it would be appealing against the ruling that sending British soldiers into battle with defective equipment could breach human rights. | |
| On the judges rejection of the government bid to stop coroners using critical language, such as "serious failure", the MoD said it had "at no point" attempted to prevent coroners from "undertaking independent investigations and making their findings public". |