header-logo header-logo

03 May 2012 / Roger Harris
Issue: 7512 / Categories: Features , Personal injury
printer mail-detail

Nuclear fallout

Roger Harris follows the plight of personal injury claimants

The “atomic veterans” litigation reached its climax with the decision of the Supreme Court in AB & Others v Ministry of Defence [2012] UKSC 9, [2012] All ER (D) 108 (Mar). The claimants represented over 1,000 veteran servicemen who had been involved in thermonuclear tests carried out by the Ministry of Defence (MoD) in the South Pacific in the 1950s. Their case was that they had been exposed to radiation during the course of this testing and had subsequently developed injuries as a result of their exposure. Limitation was tried as a preliminary issue. There were issues both as to date of knowledge under s 14 of the Limitation Act 1980 and whether the court should exercise its discretion under s 33 of the Act.

Bizarre situation

The conundrum in AB was that the MoD maintained for the purposes of s 33 that the claimants’ case on causation was so weak that it had no real prospect of success, yet for the purposes of s 14(1) that the claimants had for many years known

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll