30 June 2011
Today, Mr Justice Owen delivered his decision that Debi Allbutt, Daniel Twiddy and Andy Julien, all represented by law firm, Leigh Day, can proceed with their negligence cases against the Ministry of Defence for death and injuries arising from a friendly fire incident in Iraq in 2003. Mr Justice Owen also denied the MoD permission to appeal the decision.
Shubhaa Srinivasan, partner representing the soldiers and their families said:
“My clients, Debi Allbutt, Daniel Twiddy and Andy Julien are absolutely delighted about the unequivocal judgment. It is a real victory for them and for all service personnel. The judgment sends a clear message that the Ministry of Defence cannot renege from the military covenant by saying it does not owe a duty of care to properly equip our soldiers when they are asked to make the ultimate sacrifice during military operations - risk their lives for their country. Surely today's decision should inform those in Government that the time has come to give the military covenant legal status".
The judgment will enable Debi Allbutt, the widow of Corporal Stephen John Allbutt, Dan Twiddy and Andy Julien both seriously injured during a friend fire incident in Iraq to now move forward with their compensation claims against the Ministry of Defence.
Today's judgment relates to two groups of claimants' cases, Debi Allbutt and two others (represented by Leigh Day & Co) and Smith & Others (represented by Hodge Jones Allen). Mr Justice Owen has allowed the compensation claims brought by the claimants represented by Leigh Day to proceed against the MoD.
Claimants represented by Hodge Jones & Allen have lost elements of their human rights claims and compensation claims.
For more information please contact Shubhaa Srinivasan on 020 7650 1200.
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