Time bar on suing MoD to be decided by Lords

Hundreds of former soldiers, sailors and airmen begin a landmark claim for compensation today when the House of Lords decides whether to overturn a bar blocking legal action against the Ministry of Defence.

The test case is being brought by Alan Matthews, an electrical engineer who served with the Royal Navy between 1955 and 1968. Mr Matthews, 64, from Exeter, claims he developed an asbestos-related disease as a result of exposure to fibres on navy ships. His lawyers hope to persuade a panel of five law lords that a bar to law suits by veterans injured through negligence, before servicemen won the right to sue in 1987, is incompatible with the Human Rights Act.

Before 1947 the Crown was immune from legal action. In that year legislation gave a right to sue the Crown, but servicemen were excluded. In 1987 they won the right to sue but it was not made retrospective.

Mr Matthews' lawyers said yesterday a ruling in his favour could open the floodgates for scores of similar claims. In January last year the High Court ruled that the 1987 legislation was incompatible with his right to a fair trial under Article 6 of the Human Rights Act 1998. But the Court of Appeal overturned that ruling last May.