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03 May 2012 / Roger Harris
Issue: 7512 / Categories: Features , Personal injury
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Nuclear fallout

Roger Harris follows the plight of personal injury claimants

The “atomic veterans” litigation reached its climax with the decision of the Supreme Court in AB & Others v Ministry of Defence [2012] UKSC 9, [2012] All ER (D) 108 (Mar). The claimants represented over 1,000 veteran servicemen who had been involved in thermonuclear tests carried out by the Ministry of Defence (MoD) in the South Pacific in the 1950s. Their case was that they had been exposed to radiation during the course of this testing and had subsequently developed injuries as a result of their exposure. Limitation was tried as a preliminary issue. There were issues both as to date of knowledge under s 14 of the Limitation Act 1980 and whether the court should exercise its discretion under s 33 of the Act.

Bizarre situation

The conundrum in AB was that the MoD maintained for the purposes of s 33 that the claimants’ case on causation was so weak that it had no real prospect of success, yet for the purposes

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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