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| Relatives of UK soldiers killed in Iraq win right to seek compensation | Relatives of UK soldiers killed in Iraq win right to seek compensation |
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| Families of two servicemen killed in the Iraq war and two ex-soldiers who were badly injured can seek compensation from the Ministry of Defence over its alleged negligence in failing to provide proper equipment for troops, the court of appeal has ruled. | Families of two servicemen killed in the Iraq war and two ex-soldiers who were badly injured can seek compensation from the Ministry of Defence over its alleged negligence in failing to provide proper equipment for troops, the court of appeal has ruled. |
| The judges dismissed the MoD's argument that military personnel or their relatives could not pursue legal moves over claims that the government and armed services chiefs had a duty of care to troops during military operations, whether on the battlefield in combat or in non-combat conditions. | The judges dismissed the MoD's argument that military personnel or their relatives could not pursue legal moves over claims that the government and armed services chiefs had a duty of care to troops during military operations, whether on the battlefield in combat or in non-combat conditions. |
| But relatives lost their attempts to sue the MoD under human rights law, with the judges accepting the government's claims that the battlefield was beyond the reach of the legislation. | But relatives lost their attempts to sue the MoD under human rights law, with the judges accepting the government's claims that the battlefield was beyond the reach of the legislation. |
| The decisions, made by Lord Neuberger, the master of the rolls, Lord Justice Moses and Lord Justice Rimer, were the latest in a long legal battle over deaths in Iraq. One batch of cases involved three soldiers who were killed in separate incidents while travelling in Snatch Land Rovers, which have been dubbed "mobile coffins" because of their perceived lack of sufficient protection, particularly against roadside bombs known as improvised explosive devices (IEDs). | The decisions, made by Lord Neuberger, the master of the rolls, Lord Justice Moses and Lord Justice Rimer, were the latest in a long legal battle over deaths in Iraq. One batch of cases involved three soldiers who were killed in separate incidents while travelling in Snatch Land Rovers, which have been dubbed "mobile coffins" because of their perceived lack of sufficient protection, particularly against roadside bombs known as improvised explosive devices (IEDs). |
| The other batch involved one of two men who died in a friendly fire incident when their Challenger 2 tank was hit by a round from a similar tank on the fourth day of the war in the south of Iraq in March 2003. Two other men in the tank who survived but were severely injured also brought compensation claims for negligence. | The other batch involved one of two men who died in a friendly fire incident when their Challenger 2 tank was hit by a round from a similar tank on the fourth day of the war in the south of Iraq in March 2003. Two other men in the tank who survived but were severely injured also brought compensation claims for negligence. |
| The MoD had said claims of negligence or breaches of the soldiers' human rights should be blocked because of combat immunity. It said there was no duty under the Human Rights Act to protect the lives of soldiers in combat in Iraq since the incidents happened outside the UK and were not on an army base. It had also argued that decisions on the use of equipment should be made by politicians and service chiefs, not judges. | The MoD had said claims of negligence or breaches of the soldiers' human rights should be blocked because of combat immunity. It said there was no duty under the Human Rights Act to protect the lives of soldiers in combat in Iraq since the incidents happened outside the UK and were not on an army base. It had also argued that decisions on the use of equipment should be made by politicians and service chiefs, not judges. |
| Lawyers for the claimants say they still have to prove the MoD was in breach of its duties in individual cases. These will now go ahead in the high court where they were proceeding before the MoD applied to have them struck out. Families who lost the right to pursue claims on human rights will take the matter to the supreme court. | Lawyers for the claimants say they still have to prove the MoD was in breach of its duties in individual cases. These will now go ahead in the high court where they were proceeding before the MoD applied to have them struck out. Families who lost the right to pursue claims on human rights will take the matter to the supreme court. |
| The cases regarding the Snatch Land Rovers concerned Phillip Hewett, 21, of Tamworth, Staffordshire, who was killed in Amarah in July 2005, Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, who died near Basra in February 2006, and Lance Corporal Kirk Redpath, 22, of Romford, Essex, who was killed in Amarah in August 2007. | The cases regarding the Snatch Land Rovers concerned Phillip Hewett, 21, of Tamworth, Staffordshire, who was killed in Amarah in July 2005, Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, who died near Basra in February 2006, and Lance Corporal Kirk Redpath, 22, of Romford, Essex, who was killed in Amarah in August 2007. |
| Hewett's mother Susan Smith, Redpath's father, Colin, and Ellis's sister Karla and daughter Courtney, 11, brought claims under the Human Rights Act. Karla and Courtney Ellis also brought civil negligence claims. | Hewett's mother Susan Smith, Redpath's father, Colin, and Ellis's sister Karla and daughter Courtney, 11, brought claims under the Human Rights Act. Karla and Courtney Ellis also brought civil negligence claims. |
| The families' lawyers had argued that although their deaths occurred on the battlefield, they did not happen in the "fog of war" but were related to a decision about equipment made in the UK. | The families' lawyers had argued that although their deaths occurred on the battlefield, they did not happen in the "fog of war" but were related to a decision about equipment made in the UK. |
| The tank incident led to the death of Stephen Allbutt, 35, from Sneyd Green, Stoke-on-Trent, Staffordshire, and injuries to Corporal Dan Twiddy, of Stamford, Lincolnshire, and the trooper Andy Julien of Bolton, Greater Manchester, in southern Iraq. | The tank incident led to the death of Stephen Allbutt, 35, from Sneyd Green, Stoke-on-Trent, Staffordshire, and injuries to Corporal Dan Twiddy, of Stamford, Lincolnshire, and the trooper Andy Julien of Bolton, Greater Manchester, in southern Iraq. |
| The MoD had a duty of care to protect them, said their lawyers, while the government argued it should be excused a duty of care because the deaths and injuries happened in battlefield combat. | The MoD had a duty of care to protect them, said their lawyers, while the government argued it should be excused a duty of care because the deaths and injuries happened in battlefield combat. |
| Debi Allbutt, Stephen's widow, said: "All our soldiers go into war knowing the risk that they undertake and that's why they join. They go into war knowing those risks but what they don't go into war expecting is that they don't have the adequate equipment and they don't receive the right training, and obviously that is why I'm going forward with the case." | Debi Allbutt, Stephen's widow, said: "All our soldiers go into war knowing the risk that they undertake and that's why they join. They go into war knowing those risks but what they don't go into war expecting is that they don't have the adequate equipment and they don't receive the right training, and obviously that is why I'm going forward with the case." |
| Shubhaa Srnivasan, of Leigh Day and Co, representing claimants for the tank incident, said: "We maintain that the MoD's position has been morally and legally indefensible, as they owe a duty of care to those who fight on behalf of this country. | Shubhaa Srnivasan, of Leigh Day and Co, representing claimants for the tank incident, said: "We maintain that the MoD's position has been morally and legally indefensible, as they owe a duty of care to those who fight on behalf of this country. |
| "British troops should at the very least have adequate equipment and training, ranging from the very basic such as GPS devices to sophisticated satellite tracker systems, which the Americans had available to them. | "British troops should at the very least have adequate equipment and training, ranging from the very basic such as GPS devices to sophisticated satellite tracker systems, which the Americans had available to them. |
| "It seems incredible that it was often left up to soldiers themselves to buy this equipment as they felt compelled to, so as to better protect their own lives and the lives of those they were responsible for," Srnivasan said. | "It seems incredible that it was often left up to soldiers themselves to buy this equipment as they felt compelled to, so as to better protect their own lives and the lives of those they were responsible for," Srnivasan said. |
| Smith, Hewett's mother, broke down in tears after the verdict. "It is just so dismissive. It 'doesn't matter'. They are Action Men. If you break them, just bury them. But they are not just Action Men. People need to make a stand." | Smith, Hewett's mother, broke down in tears after the verdict. "It is just so dismissive. It 'doesn't matter'. They are Action Men. If you break them, just bury them. But they are not just Action Men. People need to make a stand." |
| The MoD's attitude was despicable, she said. "They knew the vehicles were no good … My aim is to get some good out of what I have lost. My son is never going to come back. We will keep going. We have to fight for them." | The MoD's attitude was despicable, she said. "They knew the vehicles were no good … My aim is to get some good out of what I have lost. My son is never going to come back. We will keep going. We have to fight for them." |
| Jocelyn Cockburn, of Hodge Jones and Allen, who represented Smith and other relatives said: "The battle will go forward on human rights. | Jocelyn Cockburn, of Hodge Jones and Allen, who represented Smith and other relatives 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. It's a battle that needs to be fought." | "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. It's a battle that needs to be fought." |
| A spokesperson for the MoD said: "Our thoughts and concerns remain with those that were injured and the families of those that sadly lost their lives. We are considering the judgment by the court of appeal and as this is likely to be subject to further legal action it would be inappropriate for us to comment further." | A spokesperson for the MoD said: "Our thoughts and concerns remain with those that were injured and the families of those that sadly lost their lives. We are considering the judgment by the court of appeal and as this is likely to be subject to further legal action it would be inappropriate for us to comment further." |
| The MoD said a small number of "upgraded Snatch Vixen Plus" vehicles were used in Afghanistan, predominantly "behind the wire" on military bases, although they were also used in Kabul where the threat from IEDs was lower. | The MoD said a small number of "upgraded Snatch Vixen Plus" vehicles were used in Afghanistan, predominantly "behind the wire" on military bases, although they were also used in Kabul where the threat from IEDs was lower. |
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