Veteran loses damages claim

Alan Matthews has vowed to fight on

Hundreds of ex-servicemen lost the chance to claim compensation for injuries from the Ministry of Defence (MoD) after a hearing at the Court of Appeal.

Three judges ruled on Wednesday on the case of Alan Matthews, from Devon, who had been suing the MoD over alleged asbestos exposure.

They overturned an earlier ruling from the High Court in January which opened the way for veterans to claim damages.

The appeal court rejected the claim that government immunity from such action was incompatible with the European Convention on Human Rights.

I am disappointed but the fight goes on

Alan Matthews

Mr Matthews, 64, claims he became ill from exposure to asbestos while serving in the Royal Navy between 1955 and 1968.

He scored a significant victory when the High Court ruled government immunity under the 1947 Crown Proceedings Act broke an individual's right to a fair hearing, part of the Human Rights Convention.

The Crown Proceedings Act meant if an individual died or was injured in the course of their duties, the Crown could not be sued if the Secretary of State certified the death or injury would be treated as attributable to service for the purposes of entitlement to a war pension.

The exception was removed in 1987, but its removal was not retrospective.

The case could affect hundreds of veterans

Had the ruling stood, it was expected many former servicemen would have filed claims.

Mr Matthews's legal team reported contact from 60 people in a similar situation and thought hundreds more were awaiting this decision.

Mr Matthews said in a statement: "I am disappointed but the fight goes on, not just for me but for hundreds of others who have not been able to seek compensation.

"I have to live every day with the uncertainty of not knowing what is going to happen to my health.

"I want some recognition of that and someone to accept responsibility for what has happened to me."

The judges gave permission for the case to go to the House of Lords