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30 June 2011
Last updated at 07:03 ET
Families of four UK soldiers killed in Iraq have failed in a High Court bid to seek compensation from the government.
They had argued the Ministry of Defence should pay as it failed to provide armoured vehicles or equipment which could have saved lives.
But Mr Justice Owen allowed a negligence claim brought on behalf of one soldier's child to go ahead.
Lawyers for the MoD had argued that it was not for the court to decide about compensation.
Lawyers representing the families said they aimed to appeal against the judgment on human rights claims.
The judge heard compensation claims had been made after a British Challenger tank opened fire on another British Challenger tank after an officer became "disorientated", and other incidents in which soldiers died after Snatch Land Rovers hit improvised bombs.
Cpl Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire was killed by "friendly fire" in March 2003 after his Challenger 2 tank was hit by another Challenger 2 tank.
Pte Phillip Hewett, 21, of Tamworth, Staffordshire, died in July 2005 after a Snatch Land Rover was blown up.
Pte Lee Ellis, 23, of Wythenshawe, Greater Manchester, died in February 2006 and Lance Cpl Kirk Redpath, 22, of Romford, Essex, died in August 2007 following similar explosions in Snatch Land Rovers.
'Long-standing failure' The three families whose relatives were killed in Snatch Land Rovers brought their claims under the Human Rights Act.
The judge struck out the claims because the three men died in Iraq and not on an army base or in the UK, meaning the act did not apply.
A claim for damages brought by Pte Ellis's daughter Courtney, 10, was upheld by the judge, because she could claim she has lost the person who provided for her financially.
Speaking after the three-day hearing last month, solicitor Jocelyn Cockburn for the relatives said there was "nothing unreasonable or disproportionate" in asking ministers to take reasonable steps to protect soldiers from known risks.
Solicitor Shubhaa Srinivasan, who was representing Cpl Allbutt's widow Debi, said: "The tragedy happened because of a long-standing failure by the MoD to provide technological equipment".
Earlier, James Eadie QC, for the MoD, had asked the judge to "strike out" the claims, saying it was not for the court to decide compensation.
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They had argued the Ministry of Defence should pay as it failed to provide armoured vehicles or equipment which could have saved lives.
But Mr Justice Owen allowed a negligence claim brought on behalf of one soldier's child to go ahead.
Lawyers for the MoD had argued that it was not for the court to decide about compensation.
Lawyers representing the families said they aimed to appeal against the judgment on human rights claims.
The judge heard compensation claims had been made after a British Challenger tank opened fire on another British Challenger tank after an officer became "disorientated", and other incidents in which soldiers died after Snatch Land Rovers hit improvised bombs.
Cpl Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire was killed by "friendly fire" in March 2003 after his Challenger 2 tank was hit by another Challenger 2 tank.
Pte Phillip Hewett, 21, of Tamworth, Staffordshire, died in July 2005 after a Snatch Land Rover was blown up.
Pte Lee Ellis, 23, of Wythenshawe, Greater Manchester, died in February 2006 and Lance Cpl Kirk Redpath, 22, of Romford, Essex, died in August 2007 following similar explosions in Snatch Land Rovers.
'Long-standing failure' The three families whose relatives were killed in Snatch Land Rovers brought their claims under the Human Rights Act.
The judge struck out the claims because the three men died in Iraq and not on an army base or in the UK, meaning the act did not apply.
A claim for damages brought by Pte Ellis's daughter Courtney, 10, was upheld by the judge, because she could claim she has lost the person who provided for her financially.
Speaking after the three-day hearing last month, solicitor Jocelyn Cockburn for the relatives said there was "nothing unreasonable or disproportionate" in asking ministers to take reasonable steps to protect soldiers from known risks.
Solicitor Shubhaa Srinivasan, who was representing Cpl Allbutt's widow Debi, said: "The tragedy happened because of a long-standing failure by the MoD to provide technological equipment".
Earlier, James Eadie QC, for the MoD, had asked the judge to "strike out" the claims, saying it was not for the court to decide compensation.
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