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Nimrod victims' families sue MoD | Nimrod victims' families sue MoD |
(30 minutes later) | |
Defence Secretary John Hutton has been served with a writ by relatives of two of 14 men who died when a Nimrod plane exploded in mid-flight in Afghanistan. | Defence Secretary John Hutton has been served with a writ by relatives of two of 14 men who died when a Nimrod plane exploded in mid-flight in Afghanistan. |
The action accuses the MoD of negligence, failing to minimise risk and a breach of the right to life. | The action accuses the MoD of negligence, failing to minimise risk and a breach of the right to life. |
A holding writ was served in September, the full form had to be in by January. | A holding writ was served in September, the full form had to be in by January. |
In May, a coroner ruled the Nimrod fleet had never been airworthy. The MoD said it had already planned to compensate families of the servicemen. | In May, a coroner ruled the Nimrod fleet had never been airworthy. The MoD said it had already planned to compensate families of the servicemen. |
The coroner also said the fleet, based at RAF Kinloss in Moray, should be grounded. | |
The Nimrod spy plane exploded on 2 September 2006, shortly after undergoing air-to-air refuelling. | The Nimrod spy plane exploded on 2 September 2006, shortly after undergoing air-to-air refuelling. |
The blast was caused by fuel leaking into a dry bay and igniting on contact with a hot air pipe. | The blast was caused by fuel leaking into a dry bay and igniting on contact with a hot air pipe. |
We want to know who was responsible, who should have made sure it was airworthy and failed in their duty of care Graham Knight | We want to know who was responsible, who should have made sure it was airworthy and failed in their duty of care Graham Knight |
The legal action is being brought by the families of Sgt Ben Knight, 25, and Flt Lt Steven Swarbrick, 28. | The legal action is being brought by the families of Sgt Ben Knight, 25, and Flt Lt Steven Swarbrick, 28. |
Graham Knight, Ben's father, said: "It is about accountability. | Graham Knight, Ben's father, said: "It is about accountability. |
"When you look at things that have happened recently like the Baby P case, it was tragic that child died and there were resignations and sackings. | "When you look at things that have happened recently like the Baby P case, it was tragic that child died and there were resignations and sackings. |
"In this case there was an aircraft that was not airworthy, 14 men died and as far as we know not one person has had action taken against them. | "In this case there was an aircraft that was not airworthy, 14 men died and as far as we know not one person has had action taken against them. |
"We want to know who was responsible, who should have made sure it was airworthy and failed in their duty of care." | "We want to know who was responsible, who should have made sure it was airworthy and failed in their duty of care." |
The issuing of the writ is the first time the department has faced a legal challenge under the European Convention of Human Rights. | The issuing of the writ is the first time the department has faced a legal challenge under the European Convention of Human Rights. |
If it is successful it could pave the way for other families to sue the government over the death of loved ones in Iraq or Afghanistan. | If it is successful it could pave the way for other families to sue the government over the death of loved ones in Iraq or Afghanistan. |
The MoD has said new procedures mean the Nimrod aircraft is safe. | The MoD has said new procedures mean the Nimrod aircraft is safe. |