James Dingemans QC led a team of lawyers representing lead claimants from over 1000 ex-servicemen who claim that they have developed various illnesses including cancer as a result of exposure to ionising radiation during nuclear tests conducted in the 1950s.
The MOD advanced a limitation defence arguing that the claimants had failed to issue proceedings in time. Mr Justice Foskett had allowed all 10 lead Claimants to proceed, but the Court of Appeal held that the 9 out of the 10 lead claims were out of time.
The 4 day hearing commenced on 14 November 2011 and was before a panel of seven Supreme Court Justices. Judgment is awaited.