City-based Rosenblatt Solicitors last week won a victory in the High Court on behalf of 1,000 servicemen who had argued that they suffered ill health as a result of nuclear testing carried out by the Ministry of Defence (MoD) in the Pacific Ocean in the 1950s.
The MoD rejected the claims, saying that because the testing was carried out between 1952 and 1958 the Limitation Act (1980) should apply. It also argued that the claims were “doomed to fail” on the issue of causation and they had “no reasonable prospect of success”.
Mr Justice Foskett disagreed and granted permission for the veterans to sue the Government. While this is a major victory in itself, the case was among the largest ever funded on an after-the-event (ATE) insurance premium.
When the claimants first approached a solicitor about the possibility of pursuing compensation in 2001 they were entitled to legal aid. But when the legal aid rules were changed the claimants were left without the cash to fund the case.
As Rosenblatt senior partner Ian Rosenblatt states: “They were left high and dry.”
In 2004, the veterans approached Rosenblatt to seek an alternative funding arrangement. Together with funding broker The Judge the firm arranged an ATE insurance package with underwriters Brit Insurance and agreed to take the case on a conditional fee arrangement (CFA) basis.
“Others may be talking about doing this, but we’ve been doing it on reasonably high commercial cases for clients who can’t afford to take on the catastrophic risk of losing cases and having to pay the other side’s costs for some time,” said Rosenblatt partner Neil Sampson.
The Government will now have to pick up the £5m bill for the premium issued by Brit, which has helped pay for the legal costs built up throughout the case.
Major litigation practices have been talking about the possibility of working with CFAs for some time, but, especially now that litigation departments are expected to prop up recession-hit firms balance sheets, cashflow demands often make this a difficult option to consider.
There’s no getting away from the fact that litigation is a costly business, but alternative funding arrangements shouldn’t take a back seat just because firm finances are depleted. Just ask those 1,000 servicemen.
I am genuinely delighted for Ian and his team. If anyone deserves a break it is hard-working and philanthropic Mr Rosenblatt.
As one of the claimants, on behalf of my deceased husband , I will be for ever grateful and appreciative of Mr Rosenblatt, without his support and willingness to stay the course we would have been ignored and defeated once more by the MOD
A very significant win and all veterans are both grateful and appreciative of Mr Rosenblatt and his team for their efforts.
Regrettably, the British MOD are unlikely to abandon their unsupportable and totally unjustifiable position after fifty years odd of blanket denial of their criminal actions against, not only their own Service personnel but also Servicemen of other ‘supposedly’ friendly nations. England’s total lack of empathy and respect for those servicemen should never be forgotten.
i would like to add my thanks along with all the other vets for the hard work that Mr Roenblatt and his team have and are continuing to do for the servicemen who served during the nuclear tests because lets face it how many people give a toss about nuclear tests and the servicemen involved . i was 18 when i went to xmas island i am now 70 how long can i last who knows but its comforting to know that rosenblatts solicitors are in our corner a heartfelt thankyou
Mr. Rosenblatt clearly has more fibre than a box of bran flakes.
THANKYOU ROSENBLATTS .ONE OF THE COMMENTS SAYING THE GENERAL PUBLIC DONT CIVE A TOSS IS NEARLY SPOT ON MOST DONT KNOW WHERE CHRISTMAS ISLE IS OR CARES,WE NEED MORE PUBLICITY,FROM THE MEDIA
There is something rather unseemly about the string of sarcastic comments that followed my first one – if you have nothing constructive to say then please keep your comments private – rather than post them on this forum for Rosenblatt and the genuine vets and their families to see
Congratulations to Mr Rosenblatt and all his staff who dealt with my case in a most friendly and courteous manner,well done.
I am a veterans daughter who is disabled and really hope the service men get all the deserve, its been an long time coming.
I did a interview with my local paper about how life is as a disabled person, want to keep this in the public eye check it out on there web site Evening Star, Ipswich.
A very well deserved win. High time the MOD accepted the proven information available on the effect af radio active poisoning. I have also just won a case at Tribunal with respect to radio active poisoning while on detachment to Peru with 543 sqn in 1974. This has taken 4 years of fighting but with the assistance of the Veterans Association we won. Well done all for not giving up.
AS A NUCLEAR VETERAN WITH CANCER AND BONE PROBLEMS FOR YEARS, JUST LIKE TO SAY THANKS TO MR ROSANBLATT, AND ALL HIS STAFF FOR THE CASE THEY TOOK TO THE MINISTRY OF DEFENCE,
IT IS IRONIC THAT THE MINISTRY OF DEFENCE WILL NOW GO TO APPEAL,
AFTER SPENDING OVER FOURTEEN MILLION IN THE LAST FEW YEARS, AND NOW TO SPEND MORE OF TAX PAYER’S MONEY,
STRANGE THAT THEY DO AS THEY LIKE AND THE GOVERNMENTAND CABINET LET THEM WASTE THE PUBLIC MONEY ON FIGHTING THEIR OWN,
IT’S SAD TO SEE WHAT THEY ARE DOING AS THERE WILL BE NOT MANY OF US LEFT,
It is remarkable that this many vets read The Lawyer!
Is it so remarkable? I certainly do.
I am the daughter of an RAF serviceman who died in 1986 of bowel cancer and was in Christmas Island in 1958 for the tests. My mother is still alive and she has never really wanted to take on the British Government but feels differently now is she too late? If not what does she have to do?
Diane, your mother should contact Mr. Rosenblatt; my understanding is that cases of this type may be handled on a ‘No Win, No Fee’ basis.
The courts have condemned “no win, no fee” arrangements since the Statute of Westminster in 1275. Contingency fee arrangements were indeed generally considered to have been prohibited by Rule 8 of the Solicitors’ Practice Rules 1990 (although some contradictory case law exists). What are not prohibited however are Conditional Fee Arrangements structured under Section 58 of the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 1998. Under a Contingency Fee Arrangement a solicitor is permitted to charge his or her clients a percentage of their “winnings” but under a Conditional Fee Arrangement this is not the case – they are permitted to charge their usual hourly rate plus an uplift.
If I may posit; Mr Griffin is suggesting that cases of this nature may be handled under a properly structured Conditional Fee Arrangement. I cannot comment on Mr Rosenblatt’s fee structure but you might find that some of the vets for whom he is acting enlighten you / assist further. I wish you well.
the sad tail to all of this thier are number other people whom are effected may end up with not think
also un sung heros that whier invloved in the clean up and closure such establishments as well.
Thay are all suffering as well.
i have confired and testyed postive to prostrate cancer and cancer of the rectum
Also Au Department defence has requested chest X Ray many of its serving ansd retired members in Australia.
Also was placed in local news paper as well.
As civlian i have to rely on the Australian publice health system for medical care i feel i have done my bit.
No body seems to care,
At lesat i have recived some support from Rosen Blatt Solictors.
that about all
Also have 2 other family members havwe cancer as welll
My wife. worked in commerical laundry Sydney
My Sister.Nurse
My self as Truck Driver.
The other issue is that various venues offering equipment fors sale that has a record known to be used in such locations whir these tests took place or such materials whir stored.
this saga will not end for a long time and many years to come
regards.
ian
Sir I wish to thank rosenblatt solicitors for there hard work fighting this case for us without themwe would have wasted all our time.I would also like to say that if it had not been for derick redfern who put so much work and his own money collecting information to help thiscase,not like some who just wanted to line there own pockets. thank you mick dilworth
I wish to thanx you all at rosenblatt solicitors for a outstanding result.
My dad (Albert Stanley Burton) was on chrismas island in 1957 to 1958.
He has suffered all his life with bone problems and bones crumbling. I too have a broken spine and all are famley are still suffering from the H BOMB.
Saddley my dad passed away two years ago due to the H BOMB,He also asked me to keep on fighting for him and all his freinds.
If there is anyone that new my dad too please get in touch with me as it a big peice of my dads life that is missing out of all are lifes.
You can get in touch with me at. chris_burton1@hotmail.co.uk
Thank you all once again.
Sir, thanking you at Rosenblatt for your positive progress in representing the Nuclear Veterans and to achieve victory for and on behalf of the Vets. Unfortunately we are all now aware that the MoD has posted an appeal and we will most likely have to wait at least 2 years for some sort of reply. It has also now been noted that through the media that the Civil Servants at the MoD are to have a bonus of approx GBP42mill paid to them which makes one feel as if we did not exist. I am sure that the team at Rosenblatt are aware of this and also feel exasperated. Thanks once again for your professional efforts,
USA apologised to it’s nuclear vets and compensated those with related medical conditions.
France recently has agreed to compensation.for Muaroa vets.
UK MOD seems set on the solution of outliving it’s nuclear vets. For those already deceased we call for justice. I believe justice will prevail. I have total confidence in the British leagal system.
I am very sorry to say that I dont believe deceased people are able to appreciate events that occur post their demise. Its a lovely thought though, that somehow one is able to rouse them from the earth to see justice done.
If you want to see MoD justice, check out Quadrophenia – quite brilliant.
Im dancing a merry jig with today’s news that 1002 of the 1010 wronged vets can now proceed to trial, as reported on the Rosenblatt website. You would have thought that the MoD actually won at the Court of Appeal the way they were carrying on.