Nuclear tests damages

AB and others v Ministry of Defence [2010] All ER (D) 252 (Nov); [2010] EWCA Civ 1317; TLR 19 January

Claims by former servicemen arising from exposure to ionising radiation as a result of nuclear tests carried out in the 1950s had reasonable prospects of success but the judge had been in error in exercising his discretion under s33 of the Limitation Act 1980 that the claims were not timed-barred. All except one were in fact time-barred and the court allowed the appeals of the Ministry of Defence against the judge’s ruling on preliminary issues in 10 lead cases within a group action against the Ministry for compensation.