Iraq

High Court blocks Snatch Land Rover compensation bid

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A High Court judge has blocked attempts by families of three soldiers killed in Iraq to seek compensation from the Government, but a fourth case may go ahead.

Relatives said the Ministry of Defence (MOD) failed to provide armoured vehicles or equipment which could have saved lives and should pay compensation.

MOD lawyers said decisions about battlefield equipment are for politicians and military commanders and asked the High Court to stop compensation claims going forward.

Mr Justice Owen ruled in favour of the MOD after hearing arguments from all sides during a three-day hearing in London in May

Corporal Stephen Allbutt died after the British Challenger tank he was in was fired on by another when an officer became disorientated.

Private Phillip Hewett and Lance Corporal Kirk Redpath were all killed in Snatch Land Rovers which were hit by improvised bombs.

In the case of Private Lee Ellis, 23, from Greater Manchester, who died in an explosion in February 2006 the judge made a slightly different ruling.

Relatives' lawyers said the judge had taken a different view when considering a claim that the MOD had been negligent - brought on behalf of Pte Ellis's 10-year-old daughter Courtney.

But they said the MoD aimed to appeal against the judge's ruling on that claim.

Karla Ellis, Courtney's aunt - who is bringing a case on her niece's behalf - added: "I very pleased that Courtney's claim can go through as she has suffered the most.

"I am disappointed that my case has been struck out and that it is such a long and painful process to achieve justice for my brother."

The judge also said three cases relating to an incident in which a British Challenger tank opened fire on another British Challenger tank after an officer became "disorientated," were allowed to proceed to trial.

Cpl Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire was killed by "friendly fire" in March 2003 after his Challenger 2 tank was hit by another Challenger 2 tank. Cpl Daniel Twiddy and Trooper Andy Julien were injured.

An MOD spokesman said: "The courts have upheld our arguments on Article 2 of the ECHR. We will be seeking leave to appeal [against] the decision about liability claims for equipment provision."