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Judge allows army death negligence claim to progress



More families of servicemen and women killed in action could seek advice from a professional negligence solicitor service after a judge allowed a landmark case to proceed.

Mr Justice Owen, sitting in the High Court, has said the ten-year-old daughter of a soldier killed in Iraq can go ahead with her negligence claim against the Ministry of Defence (MoD).

He upheld the claim on the grounds that she had lost the person who was providing for her financially.

The judge also allowed families of soldiers killed in a so-called friendly-fire incident to proceed with their claim of negligence against the MoD. The negligence claims relate to the lack of adequate provision of equipment.

However, he blocked claims brought by three families on the grounds of human rights violations.

Mr Justice Owen said that as the men died in Iraq, and not a British Army base, the European Convention on Human Rights (ECHR) did not apply.

An MoD spokesman said: "The courts have upheld our arguments on Article 2 of the ECHR. We will be seeking leave to appeal [against] the decision about liability claims for equipment provision."

Posted by Alex McLeanADNFCR-1678-ID-800609066-ADNFCR
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