Last week the Court of Appeal heard the Ministry of Defence's appeal against the judgment of Mr Justice Foskett which ruled that 10 lead claimants (out of a group action of 1,001) were either not time barred or were time barred but could proceed any way with their claims for personal injuries arising out of their alleged exposure to radiation at the British Atomic and Nuclear tests in the 1950s. It will be interesting to see how the Court deals with this case - it pulls at the heart strings if British servicemen are suffering without compensation (although if there are 20,000 odd survivors or dependants it could be expensive for the new cash strapped government) but then again - can they prove causation and it was all a long time ago............???
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