Bomb blast engineer loses action

Mr Hopps had claimed the MoD had failed to protect him

An engineer who was seriously injured by a roadside bomb in Iraq has lost his damages action against his former employers and the Ministry of Defence.

Graham Hopps was hurt when his Land Rover was hit by a blast in Basra.

Mr Hopps, 45, of Leeds, claimed the MoD left him inadequately protected in a civilian vehicle.

At the High Court, the judge said he had to reject the claim as it was not clear Mr Hopps would have been better protected in an armoured vehicle.

Mr Hopps said he did not plan to appeal against the ruling, but said he was "bitterly disappointed".

"My life was turned upside down by what happened in Iraq and this claim has taken six years, so to find out it has come to nothing is very frustrating," he said.

We are pleased that the judgment demonstrates our commitment to trying to ensure the safety of all our staff Mott MacDonald statement

The electrical engineer had blamed his former employer, Mott MacDonald Ltd and the MoD for not supplying armoured vehicles to transport civilian workers in Iraq.

He was injured in October 2003 when the soft-skinned Land Rover provided by the army was hit as it travelled on a road known colloquially as Bomb Alley.

One passenger was killed and Mr Hopps' right arm and shoulder were shattered, leaving him with little movement, as well as hearing damage.

Mr Hopps' counsel, Nigel Wilkinson QC, told Mr Justice Christopher Clarke the MoD should have recognised the existing arrangements of soft-skinned vehicles were not proper protection for those travelling in Iraq at that time.

He also said Mott MacDonald should have ordered an investigation into the security situation and assessed it when the firm took on its contractual obligations.

The MoD and Mott MacDonald denied liability for the incident

But the judge said he found it impossible to conclude that if Mr Hopps had been in an armoured vehicle he would probably not have suffered his injuries or, at least, would have been less seriously hurt.

Dismissing Mr Hopps' case, he said: "The fact that I have done so in no way reduces the great credit due to him for the contribution which, at much personal cost, he has made to improving the lot of the Iraqi people."

In his ruling in favour of the MoD and the firm, who both denied liability, the judge accepted the number of attacks at the time of the incident appeared to be increasing.

However, because of the improvised explosive devices involved - and the impact they had - they did not seem such that armoured vehicles should have been ordered for civilian contractors.

Risk assessments

Mott MacDonald said: "During Graham's contract with us to work in Basra on humanitarian reconstruction projects funded by the British Government, we ensured that he was always under the protection of the British military.

"We are pleased that the judgment demonstrates our commitment to trying to ensure the safety of all our staff and consultants."

An MoD spokesman said that "thorough risk assessments" had been undertaken before the explosion happened.

"There were [also] no reports of any suspicious activity," he said.

"The court upheld the defendants' contention that there had been no negligence in this matter and therefore there is no legal liability to pay compensation."