Gerald
07-28-11, 04:37 PM
Veterans involved in Britain's nuclear weapons tests between 1952 and 1958 have been granted leave to appeal in their fight for compensation.
The Supreme Court agreed to their application for permission to appeal, and is expected to hear their cases later this year.
More than 1,000 ex-servicemen say exposure to radiation has led to ill health, such as cancer.
The Ministry of Defence maintains no "causal" link can be proved.
Lawyers for the 1,011 veterans asked the Supreme Court for permission to be allowed to argue their right to seek damages.
If the Supreme Court rules that their claims can go ahead, a hearing for damages would take place in the High Court.
The Court of Appeal had ruled that nine out of 10 "lead" cases had been brought too late to be heard.
The latest ruling means the veterans can take their cases back to court but does not make it more likely they will win.
'Difficult cases'
Giving the decision, Lord Phillips, President of the Supreme Court, said: "Might I just emphasise this is only an application for permission to appeal.
Veterans' widows Shirley Denton and Wendy Brothers say they were "thrilled" by the decision
"The court would not wish to raise false optimism in what are obviously some very difficult cases."
Outside court, veterans' solicitor Neil Sampson said: "This is a significant step forward in the veterans' fight for justice, but it's by no means the end of the road.
"We welcome the Supreme Court's decision and hope that we can have a hearing at a very early date.
"Unfortunately it may well be another year before the Supreme Court is able to have a full hearing of this matter."
The decision was reached by Lord Phillips, Lady Hale and Lord Brown.
Veteran's widow Shirley Denton told the BBC: "I am hoping, that with compassion and understanding, perhaps the courts can move more quickly and put the age of the veterans and the widows in preference to the delay that we've faced for so long.
http://img820.imageshack.us/img820/7765/500984503380670.jpg (http://imageshack.us/photo/my-images/820/500984503380670.jpg/)
http://www.bbc.co.uk/news/uk-14320465
Note: 28 July 2011 Last updated at 16:46 GMT
The Supreme Court agreed to their application for permission to appeal, and is expected to hear their cases later this year.
More than 1,000 ex-servicemen say exposure to radiation has led to ill health, such as cancer.
The Ministry of Defence maintains no "causal" link can be proved.
Lawyers for the 1,011 veterans asked the Supreme Court for permission to be allowed to argue their right to seek damages.
If the Supreme Court rules that their claims can go ahead, a hearing for damages would take place in the High Court.
The Court of Appeal had ruled that nine out of 10 "lead" cases had been brought too late to be heard.
The latest ruling means the veterans can take their cases back to court but does not make it more likely they will win.
'Difficult cases'
Giving the decision, Lord Phillips, President of the Supreme Court, said: "Might I just emphasise this is only an application for permission to appeal.
Veterans' widows Shirley Denton and Wendy Brothers say they were "thrilled" by the decision
"The court would not wish to raise false optimism in what are obviously some very difficult cases."
Outside court, veterans' solicitor Neil Sampson said: "This is a significant step forward in the veterans' fight for justice, but it's by no means the end of the road.
"We welcome the Supreme Court's decision and hope that we can have a hearing at a very early date.
"Unfortunately it may well be another year before the Supreme Court is able to have a full hearing of this matter."
The decision was reached by Lord Phillips, Lady Hale and Lord Brown.
Veteran's widow Shirley Denton told the BBC: "I am hoping, that with compassion and understanding, perhaps the courts can move more quickly and put the age of the veterans and the widows in preference to the delay that we've faced for so long.
http://img820.imageshack.us/img820/7765/500984503380670.jpg (http://imageshack.us/photo/my-images/820/500984503380670.jpg/)
http://www.bbc.co.uk/news/uk-14320465
Note: 28 July 2011 Last updated at 16:46 GMT