Atomic Test Veterans Given The Go Ahead For Case

The Ministry of Defence (MoD) was left "disappointed" following a ruling which permitted atomic test veterans with the right to file a no win no fee claim against them after a High Court bid.

According to nearly 1,000 veterans, their participation in Britain's nuclear tests during the 1950s left them suffering from ill health which includes fertility problems, cancer and skin defects.

Those who were involved in the event on the Monte Bello islands and Christmas Island on the Australian mainland between 1952 and 1958, stated that there is a link between their exposure to the ionising radiation and their ill-health.

However, to fight the multimillion-pound case, the Ministry of Defence initially stated that the victims were not eligible to file a claim as it had gone beyond the legal time restriction although it did acknowledge the "debt of gratitude" owed to the servicemen.

According to the Defences QC, Charles Gibson, the evidence which was said to have linked the cases together did not come "remotely close" to proving a connection.

Yet after a bid to the High Court, it was announced earlier that a number of the veterans will be able to claim compensation for their personal injuries.

Mr Justice Foskett permitted five of the 10 lead cases to proceed to trial after stating that they were not statue-barred under the 1980 Limitation Act.

The other five cases which were statute-barred were also given the go ahead to proceed to trial as it would be a "very regrettable consequence" if some cases were unable to go to trial.

He said: "All things being equal, a veteran who believes that he has an illness, injury or disability attributable to his presence at the tests whose case is supported by apparently reputable scientific and medical evidence, should be entitled to his day in court".

A spokesperson of a solicitor firm stated that the veterans were "delighted with the result."

He said: "Speaking on behalf of all nuclear veterans represented here we are delighted with the result - our primary regret is that the process has taken so long.

"We still have a further period of perhaps three years before the case can finally be brought to court for trial and sadly, many of the veterans we are fighting for will have passed away.

"We hope that the Ministry of Defence will recognise this and agree to settle the claims of the veterans out of court, rewarding them with the compensation they rightly deserve."

"Other countries compensated their test veterans years ago. It is scandalous that the government has continued to shirk its moral responsibilities."

A spokesperson for the Ministry of Defence also said: "The Ministry of Defence, while being disappointed with the ruling, respects the judge's discretion to allow the claims to proceed."

If your health has been affect in an incident that was not your fault, find out if you could receive a compensation claim from one of our injury lawyers.