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| Iraq damages cases: Supreme Court rules families can sue | Iraq damages cases: Supreme Court rules families can sue |
| (35 minutes later) | |
| The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled. | |
| The case was brought by relatives of three men killed by roadside bombs while in Snatch Land Rovers in Iraq. | The case was brought by relatives of three men killed by roadside bombs while in Snatch Land Rovers in Iraq. |
| The court rejected the government's argument that the battlefield was beyond the reach of the legislation. | The court rejected the government's argument that the battlefield was beyond the reach of the legislation. |
| Judges also ruled the Ministry of Defence owes soldiers a duty of care under the law of negligence. | Judges also ruled the Ministry of Defence owes soldiers a duty of care under the law of negligence. |
| They backed a previous ruling by the Court of Appeal that the relatives of two soldiers killed in Iraq could bring claims for damages against the Ministry of Defence (MoD) for negligence in failing to provide sufficient protection while on active service. | |
| During Wednesday's hearing, the Supreme Court justices also said the soldiers killed in Iraq in Snatch Land Rovers were within the UK's jurisdiction at the time of their deaths and so were subject to human rights legislation. | |
| They were Pte Phillip Hewett, 21, of Tamworth, Staffordshire, who was killed in July 2005, Pte Lee Ellis, 23, of Wythenshawe, Greater Manchester, killed in February 2006, and Lance Cpl Kirk Redpath, 22, of Romford, east London, killed in August 2007. | |
| Sue Smith, mother of Pte Phillip Hewett, said the judgement was "absolutely brilliant". | |
| "It's really important because now they (the soldiers) can't just be out there with no equipment," she said. "As an employer they (the MoD) have got to make sure they're safe at work, which should have be happening from day one. | |
| "Phillip's dead. Nothing is going to bring him back, but this might help save lives in the future." | |
| Lawyer Jocelyn Cockburn, who is acting for some of the families, said the MoD "can't be given a carte blanche to fail to equip our troops". | |
| The families' claims will now be able to proceed to trial to determine if the MoD owes damages. | |
| BBC legal affairs correspondent Clive Coleman said the judgement could set out the framework of legal obligations owed by the MoD to its servicemen and women the world over. |