Originally Posted by
SOSL
Ever since "Crown Immunity" was binned, individuals have been able to sue the Government on the grounds of negligence (ISTR that was around the time of the 1974 HSAW Act).
From what I can see, this ruling, by the supreme court, simply extends the grounds to include the protections provided to human beings under the Human Rights Act.
Individuals may be given the right to sue but, that doesn't guarantee they'll win. If they can't prove (to the required standard) that the MoD acted in contravention of the HRA, they won't win.
However, on the other hand .........
All individuals and corporate bodies (including the government) are subject to the rule of the law of the land, however inconvenient that might be.
Well that's just my opinion, I'm no expert.
Rgds SOS
I tend to agree, and I think this move will ultimately be a good thing. It is one thing to take risk in the military context when that risk has been properly weighed and justified. Working from a baseline acceptance of knowingly deficient equipment is another thing altogether. I would expect that best endeavours would be made to provide the best resources available within the constraints of the time and any military imperative. All too often the military risk has just been casually accepted without any great thought. Our recent history in Afghanistan and Iraq is replete with such failings.