| The Ministry of Defence (MoD) was left | | | | statute-barred were also given the go ahead to |
| "disappointed" following a ruling which permitted | | | | proceed to trial as it would be a "very regrettable |
| atomic test veterans with the right to file a no | | | | consequence" if some cases were unable to go to |
| win no fee claim against them after a High Court | | | | trial. He said: "All things being equal, a veteran who |
| bid. According to nearly 1,000 veterans, their | | | | believes that he has an illness, injury or disability |
| participation in Britain's nuclear tests during the | | | | attributable to his presence at the tests whose |
| 1950s left them suffering from ill health which | | | | case is supported by apparently reputable |
| includes fertility problems, cancer and skin defects. | | | | scientific and medical evidence, should be entitled |
| Those who were involved in the event on the | | | | to his day in court". A spokesperson of a solicitor |
| Monte Bello islands and Christmas Island on the | | | | firm stated that the veterans were "delighted |
| Australian mainland between 1952 and 1958, | | | | with the result." He said: "Speaking on behalf of all |
| stated that there is a link between their exposure | | | | nuclear veterans represented here we are |
| to the ionising radiation and their ill-health. | | | | delighted with the result - our primary regret is |
| However, to fight the multimillion-pound case, the | | | | that the process has taken so long. "We still have |
| Ministry of Defence initially stated that the victims | | | | a further period of perhaps three years before |
| were not eligible to file a claim as it had gone | | | | the case can finally be brought to court for trial |
| beyond the legal time restriction although it did | | | | and sadly, many of the veterans we are fighting |
| acknowledge the "debt of gratitude" owed to the | | | | for will have passed away. "We hope that the |
| servicemen. According to the Defences QC, | | | | Ministry of Defence will recognise this and agree |
| Charles Gibson, the evidence which was said to | | | | to settle the claims of the veterans out of court, |
| have linked the cases together did not come | | | | rewarding them with the compensation they |
| "remotely close" to proving a connection. Yet | | | | rightly deserve." "Other countries compensated |
| after a bid to the High Court, it was announced | | | | their test veterans years ago. It is scandalous |
| earlier that a number of the veterans will be able | | | | that the government has continued to shirk its |
| to claim compensation for their personal injuries. | | | | moral responsibilities." A spokesperson for the |
| Mr Justice Foskett permitted five of the 10 lead | | | | Ministry of Defence also said: "The Ministry of |
| cases to proceed to trial after stating that they | | | | Defence, while being disappointed with the ruling, |
| were not statue-barred under the 1980 Limitation | | | | respects the judge's discretion to allow the claims |
| Act. The other five cases which were | | | | to proceed. |