Iraq Damages Case: Hilary Meredith Weighs In On Supreme Court Ruling

Specialist military solicitor Hilary Meredith welcomes the Supreme Court ruling that the relatives of three fallen soldiers can pursue compensation from the MOD.
 
The government can no longer avoid its responsibilities to soldiers and their families. That is the verdict of specialist military solicitor Hilary Meredith, as the Supreme Court rules that the families of three soldiers killed in Iraq can pursue damages against the Ministry of Defence.
 
The relatives of three men killed by roadside bombs while travelling, in Snatch Land Rovers and a Challenger Tank, brought legal action against the Ministry of Defence, to claim compensation for negligence. But the government challenged the claim and a lengthy legal battle ensued, which included previous judgements by the High Court and the Court of Appeal.
 
The MOD argued that the claims should be struck out since the soldiers were not covered by legislation once they had left their British base, but the Supreme Court rejected this notion and finally decided that the soldiers were within the UK’s jurisdiction at the time of their deaths, and were subject to human rights legislation.
 
They said that the case should be struck out since the fallen soldiers were not covered by legislation once they left the British base; and they said that troops were subject to ‘combat immunity’ whilst within the theatre of war. But the Supreme Court refuted this claim and said that their relatives could claim damages for negligence.
 
Hilary Meredith, CEO at Hilary Meredith Solicitors Ltd said: “As a result of today’s ruling, the MOD can no longer avoid its responsibilities.
 
“The fact that a gun fails in a direct combat situation or ear defenders don’t work whether you are on a battlefield or a shooting range on Salisbury plane now means that the MOD must owe a duty of care to properly equip our soldiers.
 
“This decision has clarified what was previously an excuse for the MOD to avoid payment in some of the most deserving of cases. Soldiers need to know that there equipment and vehicles won’t fail them in an area of war. I welcome today’s decision wholeheartedly.”

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Hilary Meredith

CEO

Hilary Meredith Solicitors Ltd

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