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In January 2009 personal injury solicitors in London prepared for an appearance in the High Court that could prove to be the largest no win no fee claim mounted by a UK law firm.
The case was sparked fifty years before, when the British Government began testing atomic and thermonuclear weapons at various locations on the Australian mainland, on Christmas Island, and at several sites in the South Pacific.
On Wednesday 21st January 2009 the three-week hearing began, to hear the cases of nearly 1,000 veterans who say they have suffered personal injury that includes illness such as cancer, skin defects and infertility, caused directly by exposure to radiation caused by the testing. They claim the Ministry of Defence (MoD) failed to adequately protect them from effects of the blasts.
The personal injury solicitors acting on behalf of the veterans argued that the Government's own research had shown those who carried out the tests did not fully comprehend the associated risks and, as a result, their clients were harmed due to radiation poisoning.
However, the MoD sought to claim that the case could not proceed as it was "time-barred"; it was launched after the legal time limit had passed.
Legal bills and costs for the case had already run into millions of pounds, for both sides, so as Frances Gibb questioned in the Times Online, how could the veterans ever begin to fight their case?
The veterans first sought advice in 2002 and at that time legal aid was available to low income claimants. However, The Legal Aid Board, some two years later, withdrew funding after deciding that the taxpayer could not afford the claim. Eventually, a London law firm was found that was prepared to fund the case, but who still needed backing for costs if the action failed.
A third-party funder was found who would cover potential costs of £5 million (MoD costs, expert witness fees, etc.) if the case was not found in their favour. At the time it was the largest such insurance package agreed.
A spokesperson for the law firm acting for the veterans said, "There's no escaping that if the insurance had not been available, there would be a denial of access to justice." He added, "What it boils down to is that the Government has killed legal aid. So without a willing solicitor and willing insurer, people are denied access to justice."
A spokesperson for the firm financially backing the action said, that to lose would be a "significant blow", but added, "[W]e would not have backed the claim if we did not feel the risk assessment was very good and there was a significant access-to-justice issue."
Access to justice with the personal injury solicitors at YouClaim
If you have suffered as a result of the negligence of others we believe that you should be compensated for your personal injury suffering. All solicitors on YouClaim's panel are expert in their field, governed by the Solicitors Regulation Authority, and have an estremely high success rate.
What's more, YouClaim ensure you are protected from all costs and fees involved in your case (excepting some medical negligence claims); our guarantee is genuinely no win no fee and in the event of a won case you will receive 100 per cent of the compensation. We never take a cut.
Call our free UK helpline on 0800 10 757 95 or have an e-chat. If it's not convenient right now we can call you back, or you could give us a few details about your claim by filling in our online claim form and we will call you to discuss it further. When you contact YouClaim's personal injury solicitors you can be assured we will give you the best service available.
