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The price of freedom

16 December 2010 / Nina Unthank
Issue: 7446 / Categories: Features , Personal injury
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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

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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