Iraq negligence claims can go ahead

19 October 2012

The relatives of four soldiers killed in Iraq have won the right to sue the Ministry of Defence for negligence after taking their fight to the Court of Appeal.

The negligence case was brought by Debi Allbutt, the widow of Corporal Stephen Allbutt, 35, and the two surviving soldiers who were in Allbutt's Challenger 2 tank when he was killed in a friendly fire incident in March 2003.

Also involved were the relatives of three personnel killed by improvised explosive devices (IEDs) while travelling in Snatch Land Rovers - Private Lee Ellis, 23, who died in February 2006, Private Phillip Hewett, 21, who died in July 2005 and Lance Corporal Kirk Redpath, 22, who was killed in August 2007.

Relatives say the MoD failed to provide equipment which would have helped commanders identify friendly forces before firing on Allbutt's tank, while the Snatch Land Rovers were said to be "manifestly unsuitable for the job".

The MoD had argued that equipment decisions were solely the domain of politicians and battlefield commanders and should not be subject to challenge in the courts.

In the Court of Appeal judgement, Lord Neuberger said: "In respect of the MoD's argument that it owes no duty of care to the claimants where deaths and injuries occurred on the battlefield in a combat situation, The Court of Appeal found that the claimants' case is premised upon acts and/or omissions which occurred many years before the 'active operations' in which deaths or injury were caused.

Equipment decisions "may not fall within the scope of active operations", he said.

Shubhaa Srinivasan a partner with law firm Leigh Day & Co, which represented Debi Allbutt and surviving tank crew members Daniel Twiddy and Andy Julien, said the decision had been a "landmark".

"As a prudent employer, the MoD can have no excuses now and must get on with the business of ensuring that troops are properly equipped, if not, it can be vulnerable to negligence claims," she said.

"The court ruling also makes it clear the MoD can no longer hide behind arguments relating to complexities in procuring equipment and allocation of scarce resources to evade a duty of care to adequately equip its servicemen and women who are being asked to make the ultimate sacrifice for their country.

"Stephen Allbutt, Daniel and Andy, like so many soldiers paid a heavy price for their sacrifice and they strongly feel they should be able to ask a British Court to consider whether the MoD breached its duty of care to them. The Court of Appeal judges unanimously agreed with them."

A Ministry of Defence spokesman said: "Our thoughts and concerns remain with those that were injured and the families of those that sadly lost their lives.

"We are considering the judgment by the Court of Appeal and as this is likely to be subject to further legal action it would be inappropriate for us to comment further."