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11 June 2009
Issue: 7373 / Categories: Legal News , Personal injury
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MoD facing unwanted Christmas present

Personal injury

Ex-servicemen who took part in nuclear tests in the South Pacific in the 1950s have won the right to bring a class action against the Ministry of Defence.

More than 1,000 men claim to have suffered illhealth following the tests on Christmas Island, the Australian mainland and the Montebello islands off the Australian coast, between October 1952 and September 1958.

They claim that a 2007 report into a group of New Zealand veterans, The Rowland Report, demonstrates a link between the radiation to which they were exposed and their conditions, which have included cancer and skin defects.

Some 40,000 servicemen were present at the tests, more than 20,000 of which were British. The tests included six detonations at Christmas Island of weapons more powerful than those discharged at Hiroshima and Nagasaki. Witnesses recall holding up their hands and seeing their bones exposed as an X-ray.

The High Court ruled last week that all 10 of the test cases could go ahead—five had been statute-barred under the Limitation Act 1980, but Mr Justice Foskett ruled that he could exercise his discretion under s 33 of the Act to allow them to proceed.

Issue: 7373 / Categories: Legal News , Personal injury
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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