The families of some of the 14 servicemen killed when their RAF Nimrod plane exploded in Afghanistan in 2006 are to sue the Ministry of Defence.
A coroner ruled last month the Nimrod fleet, based at RAF Kinloss, had never been airworthy and should be grounded.
An MoD spokesperson said compensation would be paid to the relatives and any further legal claims would be dealt with when they were submitted.
Ministers have insisted the planes are safe to fly after changes were made.
Demands for legal action have been led by Graham Knight, whose son Ben was among those killed when the aircraft crashed in Afghanistan two years ago.
The crash was blamed on a fuel leak following mid-air refuelling.
But the aircraft are still flying and continue to operate in Afghanistan where the military sees them as crucial to the fight against the Taliban.
The lawyer in charge of the action, David Orchard, said the basis of the case would be in relation to Article 2 of the Human Rights Act.
He said: "The thrust is that they were sent into the theatre of war ill-equipped."
"Fourteen men died on that plane and apart from apologies nothing has really been done about it"
Mr Orchard added that the families were not seeking compensation but a judgement.
Mr Knight told BBC Scotland: "Fourteen men died on that plane and apart from apologies nothing has really been done about it and although the planes have been deemed un-airworthy, they're still flying."
He added: "Had it been a bus company and it had been an un-roadworthy bus, legal action would have been taken against the bus company. I feel that something needs to be done as nobody has been brought to task."
Ministers insist the planes are safe now that mid-air refuelling is suspended and other changes have been made since the men died.
An MoD spokesperson said: "The Secretary of State has directed that compensation will be paid, and claims will be handled quickly and amicably.
"We are currently awaiting detailed evaluations of the claims from the families' solicitors.
"Once these are received, we will deal with the claims as quickly as possible. Any further legal claims will be reviewed as and when they are submitted."
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