Antinuclear

Veterans of Australia’s atomic bomb tests get “sympathy”, but not justice

Veterans blame ill-health – including cancer, skin defects and fertility problems – on their involvement in British nuclear tests in
Australia, on Christmas Island and in the Pacific Ocean between 1952 and 1958.

VIDEO http://www.telegraph.co.uk/news/uknews/defence/9142896/Nuclear-veterans-denied-damages-as-judge-expresses-sympathy.html  Nuclear veterans denied damages as judge expresses ‘sympathy’, Telegraph UK, 14 March 12   Hundreds of ex-servicemen who say they were made ill as a result of being exposed to radiation during British nuclear weapons tests in the
1950s have lost their Supreme Court bid to be able to launch damages claims against the Ministry of Defence.

More than 1,000 veterans want compensation and have been battling for permission to launch damages claims for some two years. Although today’s judgment blocks most claims, a certain number can still proceed because of an earlier legal ruling.

The veterans took their fight to the Supreme Court – the highest court
in the UK – in November after battles in the High Court and the Court
of Appeal.

In 2009, 10 ”lead” claimants won the first round of the veterans’
battle when a High Court judge said claims could go ahead.

But the MoD appealed and, in 2010, a Court of Appeal ruling blocked
nine of the 10 lead claims when judges said they were
”statute-barred” because they had been made too late….. A
challenge by the veterans against that Court of Appeal decision was
rejected today by Supreme Court justices by a four-to-three majority.

Veterans blame ill-health – including cancer, skin defects and fertility problems – on their involvement in British nuclear tests in
Australia, on Christmas Island and in the Pacific Ocean between 1952 and 1958.

The MoD acknowledges a ”debt of gratitude” but denies negligence……

Lord Wilson said, after reading out a summary of the court’s decision:
“Putting aside the law for one moment, all seven members of the court
would wish to record their personal sympathy for the veterans.”

He said: “It must be bad enough for the nine veterans, and the other
claimants, to learn that they have lost this final round, but to learn
that they have lost by the narrowest possible margin must make it even
worse.”

The panel was made up of Supreme Court president Lord Phillips, Lord
Walker, Lady Hale, Lord Brown, Lord Mance, Lord Kerr and Lord Wilson.

Lawyers said they were calculating how many veterans, or their
families, would still be able to launch damages claims in the High
Court and estimated that the number could still be in the hundreds.

They said the fight for “justice” would go on and urged the Government
to set up a compensation scheme.

Veterans’ families said they were disappointed with the ruling and
called on ministers to acknowledge that servicemen had been “put at
risk” and should be compensated.
http://www.telegraph.co.uk/news/uknews/defence/9142896/Nuclear-veterans-denied-damages-as-judge-expresses-sympathy.html

March 15, 2012 - Posted by Christina Macpherson | Uncategorized