Nuclear test veterans in legal win

Ex-servicemen who claim they were made ill as a result of being exposed to radiation during British nuclear weapons tests in the 1950s said today that they had taken a "significant step forward" in their battle for Government compensation after winning the latest round of a legal fight.

The Supreme Court - the UK's highest court - gave veterans permission to further argue their right to seek damages.

Three Supreme Court justices, sitting in London, said they could appeal against a Court of Appeal decision to block attempts to claim damages.

Veterans are expected to ask the Supreme Court to give them the go-ahead to launch damages claims at a hearing in November.

If they succeed, damages actions are then likely to be launched in the High Court.

More than 1,000 veterans want to claim damages from the Ministry of Defence (MoD).

They 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.

"This is a significant step forward in our fight for justice," said veterans' lawyer Neil Sampson, after today's hearing.

"Their treatment by the Government has been dreadful and they will win. These are old soldiers. They come from a generation that doesn't give up easily. They will carry on - especially when they know they are right.

"The Ministry of Defence should recognise their obligation to these men who risked their lives from their country and settle the claims. People are dying while this litigation is going on."

Retired factory worker Dougie Dawes, 76, of Darlington, County Durham, said he suffered a series of health problems after serving in the RAF in Australia in 1953.

"I've got stomach problems, had a nervous breakdown, brittle bones and I'm sure these nuclear tests were to blame," said Mr Dawes.

"This is a step forward. It's a victory. But it will be months before the next hearing."

Retired prison officer Dave Whyte, 74, of Kirkcaldy, Fife, said he suffered stomach problems after serving as a Royal Engineer on Christmas Island in 1958.

"I am delighted by today's ruling," he said. "But they should settle. It's gone on far too long. They committed atrocities against British forces."

Today's Supreme Court hearing was the third time that veterans had staged a court fight for the right to claim damages.

In June 2009, they sought permission from a High Court judge, then argued their case in the Court of Appeal in November 2010.

Appeal judges ruled that a series of test or lead cases were "statute-barred" because they were made too late - and declined to exercise a discretion because they said veterans lacked evidence on the cause of illnesses.

Supreme Court justices Lord Phillips, Lady Hale and Lord Brown today gave veterans permission to appeal against that Court of Appeal ruling.

"The application for permission to appeal is granted," said Lord Phillips. "But may I just emphasise that this is only an application for permission to appeal. The court would not wish to raise false optimism in what are obviously very difficult cases."

An MoD spokesman said later: "Today's decision by the Supreme Court means it has agreed to hear an appeal of the judgment handed down by the Court of Appeal, which found in favour of the Ministry of Defence in nine of the 10 lead cases.

"The judgment has not been overturned.

"In granting the appeal hearing, the Supreme Court judge said he did not want to give veterans any 'false optimism'."