Iraq damages cases: Supreme Court judges to rule

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Pte Phillip Hewett, Pte Lee Ellis and Lance Cpl Kirk Redpath
Image caption,
The case was brought by relatives of Pte Phillip Hewett, Pte Lee Ellis and Lance Cpl Kirk Redpath

Supreme Court judges will rule later on whether relatives of soldiers killed in Iraq can sue the government for damages under the Human Rights Act.

The case was brought by relatives of three men killed by roadside bombs while in Snatch Land Rovers in Iraq.

Last year, the Court of Appeal accepted government argument that battlefields were beyond the reach of the act.

Supreme Court judges will also rule on whether soldiers are owed a duty of care under the law of negligence.

In October, the Court of Appeal ruled that the relatives of two soldiers killed in Iraq could bring claims for damages against the Ministry of Defence (MoD) for negligence in failing to provide sufficient protection while on active service.

Image caption,
Snatch Land Rovers have been criticised for not offering enough protection from roadside bombs

But appeal judges threw out three claims for damages under human rights legislation.

They were the cases of Pte Phillip Hewett, 21, of Tamworth, Staffordshire, who was killed in July 2005, Pte Lee Ellis, 23, of Wythenshawe, Greater Manchester, killed in February 2006, and Lance Cpl Kirk Redpath, 22, of Romford, east London, killed in August 2007.

All were killed by roadside bombs while travelling in lightly-armoured Snatch Land Rovers.

The vehicles have been criticised for not offering troops in Afghanistan and Iraq enough protection from roadside bombs.

The men's relatives argue the MoD failed to provide adequate equipment for troops.

Currently British servicemen and women abroad are protected by the Human Rights Act if they are within a British base.

The state, in the form of the Army, is obliged to protect their right to life but, as soon as they leave base, that protection falls away.

Ptes Hewett and Ellis, and Lance Cpl Redpath had all left their bases when they were killed.

Seven Supreme Court judges have been considering the law of negligence and human rights issues again.

BBC legal affairs correspondent Clive Coleman said Tuesday's judgement could set out the framework of legal obligations owed by the MoD to its servicemen and women the world over.

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