header-logo header-logo

The price of freedom

16 December 2010 / Nina Unthank
Issue: 7446 / Categories: Features , Personal injury
printer mail-detail

Nina Unthank reports on why & how military veterans lost their latest battle

The Court of Appeal’s judgment in Ministry of Defence v AB & Ors [2010] EWCA Civ 1317, [2010] All ER (D) 252 (Nov) was handed down last month. Between 1952 and 1958, the British Government carried out 21 atmospheric nuclear tests of thermonuclear devices in the region of the Pacific Ocean.

Some involved fission bombs and some fusion bombs. Some were exploded high above the Pacific Ocean; others were exploded at or a little above ground level. All of them will have given rise to radioactive fallout and what is known as ‘the prompt radiation effect’. All three branches of the armed forces took part with some 22,000 servicemen being involved. A group of 1011 claimants comprising mainly former UK servicemen brought actions, claiming damages for the adverse consequences to their health which they alleged resulted from exposure to ionising radiation deriving from the tests. A group litigation order was made.

The parties agreed that there should be a preliminary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll