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16 December 2010 / Nina Unthank
Issue: 7446 / Categories: Features , Personal injury
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The price of freedom

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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