'Step forward' for N-test veterans

Ex-servicemen who say they were made ill as a result of radiation during nuclear weapons tests have won the latest stage of their legal battle
12 April 2012

Ex-servicemen who claim they were made ill as a result of being exposed to radiation during British nuclear weapons tests in the 1950s said they have taken a "significant step forward" in their battle for Government compensation after winning the latest round of a legal fight.

The Supreme Court gave veterans permission to further argue their right to seek damages.

Three Supreme Court justices, sitting in London, said they could appeal against a Court of Appeal decision to block attempts to claim damages.

Veterans are expected to ask the Supreme Court to give them the go-ahead to launch damages claims at a hearing in November.

If they succeed, damages actions are then likely to be launched in the High Court.

More than 1,000 veterans want to claim damages from the Ministry of Defence.

They blame ill health - including cancer, skin defects and fertility problems - on their involvement in British nuclear tests in Australia, on Christmas Island and in the Pacific Ocean between 1952 and 1958.

The MoD acknowledges a "debt of gratitude" but denies negligence.

An MoD spokesman said later: "Today's decision by the Supreme Court means it has agreed to hear an appeal of the judgment handed down by the Court of Appeal, which found in favour of the Ministry of Defence in nine of the 10 lead cases.

"The judgment has not been overturned. In granting the appeal hearing, the Supreme Court judge said he did not want to give veterans any 'false optimism'."

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