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11 June 2009
Issue: 7373 / Categories: Legal News , Personal injury
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MoD facing unwanted Christmas present

Personal injury

Ex-servicemen who took part in nuclear tests in the South Pacific in the 1950s have won the right to bring a class action against the Ministry of Defence.

More than 1,000 men claim to have suffered illhealth following the tests on Christmas Island, the Australian mainland and the Montebello islands off the Australian coast, between October 1952 and September 1958.

They claim that a 2007 report into a group of New Zealand veterans, The Rowland Report, demonstrates a link between the radiation to which they were exposed and their conditions, which have included cancer and skin defects.

Some 40,000 servicemen were present at the tests, more than 20,000 of which were British. The tests included six detonations at Christmas Island of weapons more powerful than those discharged at Hiroshima and Nagasaki. Witnesses recall holding up their hands and seeing their bones exposed as an X-ray.

The High Court ruled last week that all 10 of the test cases could go ahead—five had been statute-barred under the Limitation Act 1980, but Mr Justice Foskett ruled that he could exercise his discretion under s 33 of the Act to allow them to proceed.

Issue: 7373 / Categories: Legal News , Personal injury
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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