Soldiers' families can sue Ministry of Defence, supreme court rules

Off By Sharon Black

Court ruling enables families of three soldiers killed in Iraq to sue MoD for negligence because soldiers have a ‘right to life’

Families of three soldiers who were killed in Iraq in poorly-armoured Land Rovers – and those killed in a friendly fire incident – can sue the Ministry of Defence for negligence because soldiers have a “right to life,” the supreme court ruled on Wednesday.

The ruling means soldiers heading into battle overseas can claim protection under article 2 of the Human Rights Act – a decision the defence secretary Philip Hammond said could leave operational decisions in combat zones open to “the uncertainty of litigation”.

The court ruled that the doctrine of combat immunity – which prevents soldiers from claiming compensation for injuries received in combat except under official schemes – should be interpreted “narrowly” and should not be extended to cover “the planning of and preparation for active operations against the enemy”.

The ruling is a victory for the families of servicemen killed in Iraq – who are likely to be able to claim payouts of about £250,000 each. Many have spent years trying to find out what happened to their relatives and are challenging the army over the …read more