Nuclear test victims given Supreme Court boost

Ex-servicemen who claim they were made ill as a result of being exposed to radiation during British nuclear weapons tests in the 1950s yesterday said 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 yesterday gave the 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.

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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, the actions would be heard 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.

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“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.