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Atomic test veterans can sue MoD for radiation exposure
Paul Cheston, Courts Correspondent5 Jun 2009
Britain's atomic test veterans today won the right to sue for compensation.
Around 1,000 servicemen who blame their ill-health on involvement in Britain's nuclear tests in the Fifties want to sue the Ministry of Defence.
The veterans, who took part in the programme on the Australian mainland, Monte Bello islands and Christmas Island, say evidence has shown links between exposure to ionising radiation and their conditions, which include cancer, skin defects and fertility problems.
Many are terminally ill and seven have died since the hearing at London's High Court in January.
The MoD, while acknowledging the "debt of gratitude" owed to the men, is fighting the multimillion-pound action, saying it cannot proceed because it was launched outside the legal time limit. Its QC, Charles Gibson, also said evidence supporting the 10 "lead" cases did not come "remotely close" to proving a causal link.
Benjamin Browne, QC, for the men, told Mr Justice Foskett that the claims were not time-barred because they could not proceed without the relevant "knowledge" so it would be just in the circumstances to allow them to go ahead.
The judge rejected a submission by the MoD, which denies negligence, that all the cases were "doomed to fail" on the issue of causation, and refused to strike them out.
He said the disability in question was an issue of fact that only the judge who heard the full trial could determine after hearing all the evidence.
Of the 10 lead cases, he ruled that five were not statute-barred by being brought outside the legal time limit and could proceed to trial. The other five could also go ahead as he was prepared to disapply the time limit. He said: "A veteran who believes he has an illness, supported by apparently reputable scientific evidence, should be entitled to his 'day in court'".
Reader views (1)
As a long term worker and cancer sufferer on the Polaris Weapon program, and being aware of a high cancer related mortality in fellow workers, is it possible to provide an agency name/address who would help me in pursueing a claim ? ?
Historically I have notified my concerns to the M.O.D. to no effect
- M Heathcote(Prefer Only Mh Initials If Placed On Web), Holywell. North Wales, 10/06/2009 12:06
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