Soldiers' families win right to sue MoD

The former soldiers and the familes are bringing the claim alleging that the Ministry of Defence failed to provide armoured vehicles or equipment which could have saved lives and should pay compensation

The Court of Appeal announcement stems from a 2011 High Court ruling that the claimants could pursue damages on negligence grounds - but not under human rights legislation.

Both sides appealed against the ruling.

The decision follows a hearing in June before the then Master of the Rolls, Lord Neuberger, Lord Justice Moses and Lord Justice Rimer.

Legal action was started as a result of the deaths of a number of British soldiers following the invasion of Iraq in 2003, judges heard.

Corporal Stephen Allbutt was killed in a "friendly fire" incident in March 2003 when his Challenger 2 tank was hit by another Challenger 2 tank.

Soldiers Dan Twiddy, of Stamford, Lincolnshire, and Andy Julien, of Bolton, Greater Manchester, were both seriously injured in the incident.

Other claims have been brought by relatives of Private Phillip Hewett, Private Lee Ellis, and Lance Corporal Kirk Redpath who were all killed in explosions in separate incidents between 2005-07.

The MoD had argued that it should be released from any duty of care owed to soldiers for failing to adequately equip them as their deaths and injuries occurred on the battlefield in a combat situation.

It also claimed that it was not "fair, just and reasonable" to impose on the MoD a duty of care to its soldiers in claims alleging provision of inadequate equipment as such matters were political.

In his judgement Master of the Rolls Lord Neuberger described the MoD's arguments to have the claims struck out to be "fatally flawed" and agreed with the original court ruling.

Shubhaa Srinivasan, a partner with law firm Leigh Day & Co solicitors, which is representing the family of Cpl Allbutt and the two surviving servicemen, welcomed the decision and that the MoD's position was "morally and legally indefensible."