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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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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