Writ served today
Wonder how long Des will remain in charge for, failing to minimize risk is still a moot point for many of us......
Nimrod families launch claim against the MoD as others prepare to follow suit
Two families bereaved when an ageing Nimrod aircraft exploded in Afghanistan have lodged a High Court action against the Defence Secretary as military lawyers claimed many others plan to follow suit.
By Aislinn Simpson
Last Updated: 4:09PM BST 01 Sep 2008
Benjamin Knight, 25, and Steven Swarbrick, 28, were killed along with 12 other service personnel on September 2, 2006 when their 40-year-old plane exploded in a fireball moments after a mid-air refuelling.
The coroner who heard their inquest said the Nimrod had "never been airworthy" and called for the MoD's "cavalier approach to safety to come to an end".
A writ was served on Defence Secretary Des Browne, accusing the Ministry of Defence of negligence, failing to minimise risk and a breach of the right to life in relation to the mid-air accident.
The case is one of the first to use a ruling in the High Court earlier this summer knocking down the MoD's claim that the Human Rights Act cannot be does applied to service personnel serving abroad.
At present, there are 10 similar claims lodged with the High Court against the MoD or Mr Browne, including one relating to a soldier who accidentally shot himself on a firing range in Iraq and a number of cases concerning deaths in Snatch Land Rovers.
Solicitor Jocelyn Cockburn is representing a number of families suing MoD including that of Pte Phillip Hewett, 21, one of three soldiers who died when their Snatch Land Rover was targeted by insurgents.
She said that rulings by coroners that were critical of the MoD on issues ranging from body armour shortages, poorly-protected vehicles and other aircraft accidents could pave the way for a series of claims.
"The amounts of money paid in damages in these cases is not a great deal," she said. "The main impact is that it will be humiliating and embarrassing for the Ministry of Defence. Maybe the next time they go to war things will be done a bit differently."(Hear hear).
John Cooper, who is representing Mr Knight and Mr Swarbrick's families, added: "The chances of success in this case are very high. There are a number of families who are very interested in the outcome and will be carefully considering whether they can bring a similar action."