Thousands of veterans who took part in the tests in Australia, Christmas Island and other islands in the Pacific later developed chronic ill health. In many cases protective clothing was not issued and many blame the tests for making them ill.
Leading UK firms Alexander Harris and Clarke Willmott & Clarke have been instructed by a number of veterans and their families as they are recognised specialists in this type of work. The Legal Service Commission has taken the decision to fund preliminary investigations and has granted a generic certificate to both firms to investigate the possibility of actions against the Ministry of Defence.
The Ministry of Defence have always denied that the level of exposure was sufficient to have caused the cancers and associated illnesses complained of. However Mervyn Fudge, Partner at Clarke Willmott & Clarke says that: "Recently published research shows that the stance taken by the Ministry of Defence is incorrect and that the veterans have sustained injuries which should allow them to claim compensation from the British Government. From the information which is available to both ourselves and Alexander Harris, we are at this time satisfied that such an action is sustainable and would be successful. We are seeking clarification in relation to numbers and to the illnesses sustained by the veterans and will be reporting to the Legal Services Commission by way of Counsel's Opinion in the near future. "
During the cold war years both Britain and the US detonated a large number of nuclear devices at various locations in the Southern Hemisphere. Tens of thousands of troops both from the United Kingdom and Commonwealth countries were exposed to the atomic radiation resulting from the tests Many claim that health side-effects were apparent within days. In the ensuing years, many have died from forms of radiogenic cancers.
David Harris Senior Partner of Alexander Harris said: "The British servicemen who witnessed the nuclear testing in the 1950's and 60's have fought for a long time to obtain compensation for the injuries that they have suffered. We are investigating their claims and also the claims of New Zealand and Fijian veterans who are suffering from a similar range of health problems. We will be looking at the scientific and medical evidence which is now available to establish whether a link can be made between the ill health that these people are suffering and the nuclear testing which took place."
John Lowe, Chair of the Atomic Veterans Association today said:-
"The main reason why nuclear veterans are investigating the possibility of taking legal action against the Ministry of Defence is the MOD's refusal to amend their criteria for granting pensions.
We must emphasise that it will be individual members who will be taking this action, not the Association. The Association only acts as a catalyst.
Time and time again, veterans are refused pensions and referred to a tribunal. Even after a number have won their trials and been granted a pension, the ministry still refuse to grant pensions to similar cases. Why are they unwilling to update their pension criteria in the case of nuclear veterans?
The Americans are far more liberal with their nuclear veterans, granting pensions to any with a number of differing types of cancer.
The British, however, claim that the circumstances of their tests were wholly different to the Americans and no one was ever put at risk.
We are not only talking of cancers. Many Veterans suffer from other illnesses, which can be attributed to nuclear radiation and to the stress of being there without adequate preparations and protection.
Then there are the incidents of malformed children, and grandchildren. Too many to be explained away with 'this is just a fact of life'.
We gain the impression that the Minister of veterans affairs will go to any length to obscure the truth, even to the extent of claiming that records no longer exist. Quite frankly we have become very discontented with the treatment we have received over the past years.
We always considered that in attending these tests we had served our country in a reliable and honourable manner. Why will the government not afford us the dignity of acknowledging our suffering, and grant pensions to those in need, thereby easing the veterans lot.
October the third this year will mark the 50th anniversary of Britain's first nuclear bomb test, when HMS PLYM was blown to smithereens at the Monte Bello Islands. Yet the government are loath to mark this event in any way."
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The staff at Alexander Harris are always very helpful and understanding and easy to talk to: Sally, Kent
