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Nimrod families take legal action Nimrod families take legal action
(about 1 hour later)
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.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.
BBC Scotland has learnt that legal action is being taken by relatives of some of the men.BBC Scotland has learnt that legal action is being taken by relatives of some of the men.
Earlier this year a coroner ruled that the Nimrod fleet, based at RAF Kinloss in Moray, had never been airworthy and should be grounded.Earlier this year a coroner ruled that the Nimrod fleet, based at RAF Kinloss in Moray, had never been airworthy and should be grounded.
Ministers have insisted the planes are safe to fly.Ministers have insisted the planes are safe to fly.
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.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.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.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 legal action will claim that the men's human rights were breached when they were sent into a theatre of war ill-equipped. 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.
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 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 Graham Knight
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."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.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."