header-logo header-logo

22 March 2012
Issue: 7506 / Categories: Legal News
printer mail-detail

Testing time for nuclear veterans

Limitation obstacle to British ex-servicemen’s compensation bid

Nuclear-test veterans have suffered a major setback in their campaign to prove fault on the part of the British government for exposing them to radiation.

More than 1,000 British ex-servicemen who witnessed nuclear tests on Christmas Island and in Australia in the 1950s claim their exposure to radiation caused illness, disability, or death. They argued that the Ministry of Defence (MoD) was negligent, and sought compensation. The MoD denied both the radiation exposure and causation.

The veterans, some of whom have said they saw the skeleton of their hands as they shielded their eyes from the glare of the explosion, lost their case at the Supreme Court last week in AB v Ministry of Defence [2012] UKSC 9.

Seven justices held by a 4-3 majority (Lord Phillips, Lord Kerr and Lady Hale dissenting) that the majority of the claims could not proceed due to insufficient evidence to prove the link between exposure and illness, and that many of the claims were time-barred under the Limitation Act 1980 since those claimants had acquired “knowledge” of the injury more than three years before they brought legal action.

The justices discussed the difference between subjective “belief” and “knowledge”, and whether the Court of Appeal was correct in holding that a claimant has sufficient “knowledge” of the facts—triggering the onset of the limitation period—at the point at which he comes reasonably to believe them.

In his judgment, Lord Wilson says: “The focus is upon the moment when it is reasonable for the claimant to embark on…an investigation.”

In her dissenting judgment, however, Lady Hale says: “Like it or not, time does not begin to run until the claimant has ‘knowledge’ of the essential ‘facts’.

“On the Court of Appeal authorities, a claimant who strongly believed, on no reasonable ground whatsoever, that his illness was caused by exposure to radiation ‘has knowledge of the fact that’ his injury is attributable to that exposure, whereas a claimant who strongly believed that it was not, on the reasonable ground that those in a position to know the truth denied it, has no such knowledge.”

An MoD spokesperson says: “The MoD recognises the debt of gratitude we have to the servicemen who took part in the nuclear tests. [However] the Supreme Court described the claims as having no reasonable prospect of success and that they were doomed to fail.”

Issue: 7506 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll