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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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