Archive for the 'nuclear weapons' Category

British atom bomb test veterans lose damages case – The Guardian

“Atomic bomb test veterans who blame their ill health on exposure to radioactive fallout today lost their case for damages against the Ministry of Defence.”

Full story

The Guardian, 22nd November 2010

Source: www.guardian.co.uk

Bank Mellat v HM Treasury – WLR Daily

Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148

“The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a direction was to be interpreted consistently with the jurisprudence of the European Court of Human Rights, according to which the means used did not always have to be limited to the minimum necessary to accomplish the legislative objective.”

WLR Daily, 15th June 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Aborigines to sue British Government over nuclear tests – Daily Telegraph

“Australian aborigines and former servicemen are to sue the British Ministry of Defence over diseases and disabilities that they claim were caused by nuclear testing in the Outback more than 50 years ago.”

Full story

Daily Telegraph, 2nd March 2010

Source: www.telegraph.co.uk

Nuclear test veterans win right to sue Government – The Times

“A thousand serviceman who say they suffered ill health because of Britain’s atomic tests in the Pacific in the 1950s won a crucial High Court victory today that paves the way for them to sue the Ministry of Defence.”

Full story

The Times, 5th June 2009

Source: www.timesonline.co.uk

Tabernacle v Secretary of State for Defence – Times Law Reports

Tabernacle v Secretary of State for Defence

Court of Appeal

“A bylaw prohibiting camping on land at Aldermaston was not justifiable and violated the rights to freedom of expression and of assembly guaranted by articles 10 and 11 respectively of the European Convention on Human Rights.”

The Times, 25th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Tabernacle v Secretary of State for Defence – WLR Daily

Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35

“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Do atomic test victims deserve compensation? – The Times

“Fifty years ago the UK Government began a series of atomic and thermonuclear weapons tests on the Australian mainland, on Christmas Island and elsewhere in the South Pacific. About 25,000 members of the British, Australian and New Zealand Armed Forces, many national servicemen, and some Fijians, took part in the testing programme — either actively or as bystanders.  This week nearly 1,000 veterans took their multimillion-pound compensation claim against the Ministry of Defence (MoD) to the High Court. They say they have suffered illnesses — including cancers, skin defects and fertility problems — because of exposure to radiation from the tests.”

Full story

The Times, 22nd January 2009

Source: www.timesonline.co.uk


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