MoD bids to block soldier payouts

Corporal Stephen Allbutt died in March 2003 after his Challenger 2 tank was hit by another Challenger 2 tank
12 April 2012

Government lawyers have asked a High Court judge to block families' attempts to claim compensation for British soldiers killed in Iraq.

Relatives of four soldiers killed in separate incidents say the Ministry of Defence failed to provide armoured vehicles or equipment which could have saved lives.

But the MoD said the claims should be "struck out" because such vehicles and equipment were not available when the soldiers died, and argued that "complex" decisions about military equipment should be left to politicians and commanders not judges.

Lawyers said the hearing in London would last three days, although judge Mr Justice Owen is expected to reserve judgment.

James Eadie QC, for the MoD, told the court the compensation claims related to an incident in which a British Challenger tank opened fire on another British Challenger tank, after an officer became "disorientated", and incidents in which soldiers died when Snatch Land Rovers hit improvised bombs.

Corporal Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire, died from "friendly fire" in March 2003 after his Challenger 2 tank was hit by another Challenger 2 tank.

Private Phillip Hewett, 21, of Tamworth, Staffordshire, died in July 2005 after a Snatch Land Rover was blown up. Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, died after a similar incident in February 2006 and Lance Corporal Kirk Redpath, 22, of Romford, Essex, died following a similar explosion in August 2007.

Mr Eadie told the court that families were alleging that the two tanks involved in the "friendly fire" incident should have been fitted with "tactical safety equipment" - "target identity" or "situation awareness" devices.

He said at the time the UK was looking to procure "battlefield identification systems" but the programme was in a developmental stage and not available.

Mr Eadie said families were also alleging that soldiers killed in Snatch Land Rovers should have been travelling in vehicles with tougher armour.

Create a FREE account to continue reading

eros

Registration is a free and easy way to support our journalism.

Join our community where you can: comment on stories; sign up to newsletters; enter competitions and access content on our app.

Your email address

Must be at least 6 characters, include an upper and lower case character and a number

You must be at least 18 years old to create an account

* Required fields

Already have an account? SIGN IN

By clicking Create Account you confirm that your data has been entered correctly and you have read and agree to our Terms of use , Cookie policy and Privacy policy .

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged in