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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 18 Jun 2013 at 8:44am

Outrage of asbestos veterans denied compensation despite exposure on Royal Navy shipbuilding sites
16 Jun 2013 21:36       

Current rules mean sailors, soldiers and airmen who develop the fatal condition mesothelioma cannot get payouts from the MoD if they were exposed to asbestos before 1987

Ministers today face urgent calls to end the outrage of 200 military veterans being denied compensation despite developing a deadly asbestos disease after serving their country.

Many servicemen were exposed to asbestos while working on shipbuilding sites for the Royal Navy.

But current rules mean sailors, soldiers and airmen who develop the fatal condition mesothelioma cannot get payouts from the MoD if they were exposed to asbestos before 1987.

Mesothelioma leads to a slow and agonising death and can take 40 years to show symptoms.

The arbitrary deadline does not apply to MoD civilians  only servicemen.

A new Government Bill going through the House of Lords will award 3,500 civilian sufferers more than £350million even if they cannot trace a liable employer.

But it fails to help pre-1987 veterans and their families.

Labour MP Thomas Docherty said: It's an outrage that MoD bureaucracy is falling to close this unacceptable loophole. These men and their families are not being given the support from their country that they deserve.

And Shadow Defence Minister Jim Murphy said last night: Those who give so much for our country should always be looked after.

There is speculation that the Government will today back a Tory peer's amendment to the Bill to allow a once-and-for-all opportunity for justice.



    

Edited by mfsg - 16 Sep 2014 at 8:17pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jun 2013 at 11:45am
Families of British soldiers killed while fighting in Iraq can bring damages claims against the Government, the Supreme Court has ruled.

Relatives want to sue for negligence and to make claims under human rights legislation.

Supreme Court justices announced on Wednesday that they can do both.

Families started legal action as a result of the deaths of a number of British soldiers following the American-led invasion of Iraq in 2003.

Their victory at the UK's highest court follows a hearing in London in February. The decision means that claims can now proceed to trial.

Lawyers representing relatives say Corporal Stephen Allbutt, 35, of Sneyd Green, Stoke-on-Trent, Staffordshire, was killed in a ''friendly fire'' incident in March 2003. He died after a Challenger 2 tank was hit by another Challenger 2 tank.

Trooper David Clarke, 19, of Littleworth, Staffordshire, also died during the incident. Soldiers Dan Twiddy, of Stamford, Lincolnshire, and Andy Julien, of Bolton, Greater Manchester, were badly hurt.

Private Phillip Hewett, 21, of Tamworth, died in July 2005 after a Snatch Land Rover was blown up.

Similar explosions claimed the lives of Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, in February 2006, and Lance Corporal Kirk Redpath, 22, of Romford, Essex, in August 2007, lawyers say.

Relatives say the Ministry of Defence (MoD) failed to provide armoured vehicles or equipment which could have saved lives, and should pay compensation.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 21 Jun 2013 at 9:02am
The father of a soldier killed in Iraq has welcomed this weeks announcement that families can bring damages claims against the government.


The Supreme Court made the ruling on Wednesday, and Mark Thompson, whose 21-year-old son Kevin died in 2007, said the move was a fantastic result for all the families.

Its good news, he said. I have spoken to some of the families and they are overwhelmed with the result.

It has been a long time getting to this point and a lot of time and stress for the families. When I heard I was over the moon.

Kevin died after being killed by a bomb in southern Iraq. He was serving as a private with 19 Combat Service Support Battalion, part of 27 Transport Regiment of the Royal Logistic Corps.

His vehicle was hit by an Improvised Explosive Device at 2am on May 3, 2007.

Kevin died at Selly Oak hospital in Birmingham on May 6, 2007, after suffering a stroke following surgery.

Supreme Court justices said families can sue for negligence and also make claims under human rights legislation.

Families started legal action as a result of the deaths of a number of British soldiers following the American-led invasion of Iraq in 2003.

Relatives said the Ministry of Defence failed to provide armoured vehicles or equipment which could have saved lives, and should pay compensation.

Their victory at the UKs highest court follows a hearing in London in February. The decision means that claims can now proceed to trial.

Mr Thompson and his wife Theresa, of Barley Cop Lane, Lancaster, now hope the government will take some responsibility for their sons death.

At the moment its early days and we have a bit more to find out, he said. It doesnt mean we will win, but it sets the ball rolling into finding out what happened.

At the end of the day we all know we shouldnt have gone to war in such a rush.

The door is starting to open now and hopefully the truth will come out and the families who have lost loved ones will be able to rest a bit.

I have always said that Kevin was flown home too early after his operation and hopefully now I can get my answer. Thats all I want, for someone to admit that.

Then maybe I can get on a bit and close the door.

The Equality and Human Rights Commission deputy director, legal, Wendy Hewitt said: The ruling means that human rights protections have been levelled up, so we are no longer expecting our armed forces to fully respect the rights of civilians abroad while not being properly protected themselves.

This is not about interfering with the way military decisions are made in the field, but how everyone serving in the armed forces is given the protections they deserve.

    

Edited by Elaine - 21 Jun 2013 at 9:02am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2013 at 8:50am
By Fionnuala Bourke

Midland soldier dies four years after serious injury in Afghanistan blast - 21 Jul 2013       

Jack Davies had to have his leg amputated after explosion near Camp Bastion in 2009

      
Jack Davies was injured by a blast while on patrol near Camp Bastion Jack Davies was injured by a blast while on patrol near Camp Bastion


A Loughborough soldier who was suing the Ministry of Defence for compensation after he lost a limb when a bomb exploded in Afghanistan has died.

Jack Davies suffered spinal injuries and had his left leg amputated after the blast which killed a comrade in 2009.

The 23-year-old died suddenly last Sunday, but the cause of his death has not been officially announced.

The coroners office has not been notified.

The 1st Battalion Coldstream Guards, in which Jack served, will be holding a short service of remembrance in Nanyuki in Kenya, where the unit is currently stationed.

A spokesman from the Ministry of Defence paid tribute to Jack saying: The loss of this brave man who stood up to adversity, in the face of all the punches that life threw at him, cannot be put into words.

He will be truly missed by all members of the Regiment. Our thoughts and prayers are with his fiance Louise, his parents Paul and Anne Davies and his sisters Jenna, Kerry and Elaine at this extremely sad time. He truly was second to none and will never be forgotten.

The spokesman declined to comment on the ongoing legal action.

Friends have paid tribute to Jack describing him as a lovable and inspirational character and his sudden death has left everyone who knew him numb.

Jack, from Loughborough, joined the Army in 2007, holding the rank of Guardsman.

But during his tour of Afghanistan four years ago he was injured in an Improvised Explosive Device (IED) blast while on foot patrol near Camp Bastion just four days after arriving in the war-torn country.

The blast killed his friend L/Cpl James Hill of Surrey.

Jack spent five months in the Queen Elizabeth Hospital Birmingham and had to have his left leg amputated. He also received treatment for a spinal injury.

Scores of friends have paid tribute on social networking sites Facebook and Twitter.

Sharon Johnston, who runs The Beacon pub, in Loughborough, where Jack was a regular customer, said: Everyone is devastated. He was a regular at the pub and became a friend.

He was an absolutely lovable character a fun-loving lad. His friends were all in here on Sunday evening and everyone was just numb.

The pub says it aims to run a fund-raising function in memory of Jack.


Jack was planning to sue the MoD over the injuries he received in Afghanistan Jack was planning to sue the MoD over the injuries he received in Afghanistan

Fellow Coldstream guards soldiers said Jack was a brave and witty bloke who displayed enormous courage and tenacity to overcome his injuries and to re-start his life.

Before he died Jack joined other frontline soldiers who sustained injuries during duty to link up with a professional theatre company to help write and perform a play based on their experiences of war.

Alice Driver, producer of the Theatre Royal Haymarket Masterclass Trust, said: I am incredibly sad to hear about the loss of Jack Davies, who was a member of Bravo 22 Company, the first theatre recovery project for wounded soldiers.

He was one of the original cast who helped to create the play, The Two Worlds of Charlie F, and make the project such a success. Jack always gave 100 per cent to everything he did and it meant so much to him to tell the story of wounded service personnel.

His death has come as a big shock. We shall miss him. Our thoughts are with his fiance and family at this time.

Last year it was announced that Jack was planning to sue the MoD due to his injuries.

At the inquest into L/Cpl Hills death the coroner said warnings about the potential for IED attacks, due to locals having acess to the range, had gone unheeded by commanders.

The soldier was unlawfully killed while on active service, the coroner ruled.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 04 Aug 2013 at 10:41pm
Widow of Red Cap hero murdered in Iraq speaks out against families' bid for compensation from the MoD
Anna Aston lost her husband in country's restive Maysan province in 2003
Cpl Russ Ashton and six others were murdered by Iraqi mob
She has blasted families who are suing over deaths
They claim the soldiers were not backed up and were ill-equipped
But she called claims 'embarrassing' adding: 'Everything goes wrong in war'


By Mark Nicol

PUBLISHED: 00:14, 4 August 2013.
The widow of a British soldier who was one of six military policemen murdered in Iraq has condemned relatives of the victims for attempting to claim compensation.

Anna Aston, whose 30-year-old husband Corporal Russ Aston was killed ten years ago, said the group legal action against the Ministry of Defence for negligence was wrong and embarrassing.

She said: I have nothing against these family members and we have all grieved together, but I do find this embarrassing and I have told them so.

Cpl Aston was one of the six policemen, known as Red Caps, who died when 250 protesters stormed a building in Majar-al Kabir, Maysan province, on June 24, 2003.


Lawyers representing the families are now suing the MoD after the Supreme Court ruled earlier this year that such claims for negligence could go ahead.


But Anna, 41, said the claim is unfair on the 750 families of British troops killed in Iraq and Afghanistan who have coped silently.


Anna, of Newhall, Derbyshire, who is raising her and Russs daughter Paygan, 11, said: It was war and everything goes wrong in war Russ knew that.

That is the same for so many deaths in both wars. What will happen if the families of all these soldiers bring claims? The situation would get ridiculous. I want fairness and less negativity.

Solicitor Simon McKay, who is acting for the relatives, said the claim, which may be funded by legal aid, would allege negligence to equip the Red Caps properly under Article 2 of the European Convention on Human Rights.


An inquest into the death of Russ and the other Red Caps Simon Hamilton-Jewell, 41, Paul Long, 24, Ben Hyde, 23, Tom Keys, 20 and Si Miller, 21 reached a verdict of unlawful death but failed to condemn Army commanders for their actions.


Read more: http://www.dailymail.co.uk/news/article-2384245/Widow-Red-Cap-hero-murdered-Iraq-speaks-families-fight-compensation-MoD.html#ixzz2b2TwI1zr
Follow us: @MailOnline on Twitter | DailyMail on Facebook
    

Edited by Elaine - 04 Aug 2013 at 10:43pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 05 Aug 2013 at 6:56pm
MoD facing legal action by family of Red Cap killed in Iraq
01 August 2013

The Ministry of Defence is being sued for negligence over claims that commanders failed to take reasonable measures to maintain the safety of six Royal Military Police officers killed by a mob in Iraq.

The six Red Caps died when they were set upon by a 400-strong mob in Iraq in 1983.

Now the family of one of the officers Cpl Russell Aston, 30, from Swadlincote, Derbyshire has launched legal action alleging that the MoD was negligent because the military police officers were not supplied with sufficient ammunition to defend themselves, or roadworthy vehicles or effective communications.

The move follows a recent Supreme Court ruling which cleared the way for families of soldiers killed in Iraq to seek damages from the government under human rights legislation.

Legal experts acting for the Aston family said it was likely that the families of the other men killed would join the legal action.

They were Sgt Simon Hamilton-Jewell, 41, from Chessington in Surrey; Cpl Paul Long, 24, of South Shields in Tyne and Wear; L/Cpl Benjamin McGowan Hyde, 23, from Northallerton in North Yorkshire; L/Cpl Tom Keys, 20, from Bala in North Wales; and Cpl Simon Miller, 21, from Washington in Tyne and Wear.

Solicitor-Advocate Simon McKay, said: "The claims follow a recent Supreme Court ruling extending the reach of the European Convention on Human Rights (ECHR) to some theatres of war and the scope of combat immunity as a defence available to the Ministry of Defence."

He added that the basis of the claim would be that the government breached Article 2 of the convention by failing to take the measures expected in light of the "real and immediate risk to life" of the soldiers.

An MoD spokesman said: "Our thoughts remain with the families of those who lost their lives in this incident.

"However, it would be inappropriate to comment on any forthcoming legal proceedings."
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mfsg Quote  Post ReplyReply Direct Link To This Post Posted: 16 Sep 2014 at 8:15pm
By Ben Farmer, Defence Correspondent

5:08PM BST 12 Sep 2014

An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. 

Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.

Officer Cadet Harry Whitworth, 22, of Mill Hill, was killed in the parachute accident during adventurous training at the Lake Elsinore Parachute Centre in southern California.

A claim form for damages exceeding £300,000 submitted to the High Court alleges the MoD was negligent for failing to ensure the jump was properly organised and the cadets were well briefed.

Mr Herlihy took part in the jump with 27 other skydivers in the supervised “Cockney Plunge”, on August 26, the Evening Standard reported. The claim form states parachutists follow the direction of the first jumper, but during the plane's ascent the wind changed direction 180 degrees, possibly confusing some of the parachutists. 

Mr Herlihy followed two skydivers who were landing in front of him but did not know that, unusually, they had landed in the opposite direction to the wind, the claim form states.

Two others then landed downwind in the opposite direction with some of the Cockney Plunge following them.

As Mr Herlihy came into land, he collided from above with Mr Whitworth. Mr Herlihy's parachute failed and both men plunged to the ground.

The claim blames the MoD for not making sure the cadets were clear of the direction they should land, failing to make sure they were experienced enough, failing to appoint a jump master on the plane, and failing to provide training.

A 2012 inquest into Mr Whitworth's death returned a verdict of accidental death.

An MoD spokesman said: "We are aware of this claim but given that it is subject to legal proceedings it would be inappropriate for us to comment any further at this stage."



Edited by mfsg - 16 Sep 2014 at 8:16pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mfsg Quote  Post ReplyReply Direct Link To This Post Posted: 05 Oct 2014 at 10:34am

A disgraced Royal Navy captain is suing the Ministry of Defence for more than £300,000 damages after a civil servant exposed his bullying in a newspaper.

Former commander David Axon says his human rights were breached when a military press officer leaked the story of how his verbal abuse of junior officers led him to be relieved of the command of the warship HMS Somerset.

He is seeking the damages on the grounds that the MoD employed Bettina Jordan-Barber – who was later charged with misconduct in public office for selling stories to the press – and that she obtained the details of his punishment from colleagues or office computers.

Last night, one leading media lawyer warned that the case could trigger a flood of copycat claims.

Mr Axon’s legal team say the disciplinary action, which was taken after two junior naval officers accused him of intimidating them, should have remained secret, and that its exposure caused him ‘loss, distress, anxiety, humiliation and damage to his reputation’.

‘The claimant suffered the humiliation of having his reputation sullied in the national press. The articles were read by family and friends as well as potential employers,’ they say in a High Court writ, which has been seen by The Mail on Sunday.

They also highlight the ‘failure’ of the MoD to ‘acknowledge its wrongdoing or to apologise’.

The writ was drawn up by Hugh Tomlinson QC, a human rights barrister who sits on the board of media regulation pressure group Hacked Off. He has also represented celebrities seeking privacy injunctions.

Mr Axon – who ironically now delivers speeches about workplace bullying – is being represented by leading libel lawyers Carter-Ruck.

The 49-year-old was an officer in the Royal Navy from 1986 until 2004 when he was abruptly removed from his command of the Type 23 frigate HMS Somerset at Gibraltar after a six-month tour of the Gulf. 


First, a male junior officer had used a 24-hour helpline to complain that Mr Axon’s style of leadership amounted to bullying. A female crew member later came forward with similar claims.

After a ‘confidential internal equal opportunities investigation’, Mr Axon was told his position in the ship was ‘untenable’. He was given a desk job and later received a ‘censure’ – a formal written warning to remain on his file for five years. 

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Meanwhile, Ms Jordan-Barker ‘unlawfully and corruptly disclosed’ details to The Sun. She was paid £5,000 for the information and the paper published two stories about Mr Axon in December 2004.

According to the writ, only a handful of senior naval figures knew about what had happened and all MoD employees ‘had a duty to keep the information confidential’. 

      
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Mr Axon’s lawyers claim: ‘In corruptly disclosing the claimant’s [Mr Axon’s] information to The Sun newspaper, Ms Jordan-Barber was acting in the course of her employment with the defendant [the MoD] and the defendant is vicariously liable for her wrongdoing.’

This is because she ‘obtained the claimant’s information from other employees or from the defendant’s computers or filing systems’.

‘The wrongful conduct was, in all the circumstances, so closely connected with acts which Ms Jordan-Barber was authorised to carry out that the wrongful conduct could fairly and properly be regarded as being in the ordinary course of her employment.’

Mr Axon found out what had happened only last year when he was contacted by police investigating phone hacking and corrupt payments by newspapers. The high- profile trial of senior figures at The Sun and News of the World was told that Miss Jordan-Barker was paid more than £80,000 over five years for providing exclusive stories.

So far, at least ten police officers, prison guards and press officers have been charged with selling stories to newspapers under Scotland Yard’s Operation Elveden.

Lawyers now believe that even notorious criminals who had confidential details of their lives behind bars leaked by corrupt prison guards could serve writs against the Ministry of Justice.

Media lawyer David Banks said: ‘This would seem to open a real can of worms. This case is the trigger for others in this situation to take action. Even a criminal who has information leaked by a prison officer about them could say it is a breach of confidence.’

An MoD spokesman said: ‘Due to ongoing legal proceedings, it would be inappropriate for us to comment.’ Mr Axon could not be reached for comment.



Read more: http://www.dailymail.co.uk/news/article-2780784/Warship-captain-sues-MoD-300k-HE-exposed-bullying-claims-breach-human-rights.html#ixzz3FGH7sm1X
Follow us: @MailOnline on Twitter | DailyMail on Facebook




Edited by mfsg - 05 Oct 2014 at 10:36am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 13 Apr 2015 at 6:04pm
Bullied soldier wins £709,000 MoD compensation - but double amputee gets just £570,000

A SOLDIER bullied by his colleagues has been awarded a staggering £709,000 in compensation from the Ministry of Defence – thousands of pounds more than battlefield amputees can expect to receive.
The payout has caused consternation as the sum is significantly more than injured servicemen and women get for losing both legs, a level set at £570,000.

The compensation is thought to be a record payout by the military, which has strict rules on how much injured soldiers are entitled to.

Those made totally deaf or blind are in line for £470,000, while servicemen and women suffering with a fractured skull only receive £5,775.

The huge payouts were revealed in a Freedom of Information request by the Daily Mirror, which found the MoD issued compensation totalling £81.9 million for injuries, deaths and damage to property last year.

It shows one soldier suffering with Post Traumatic Stress Disorder (PTSD) received £1.4million from his employer.


The biggest injury payment made last year was £4.2million, which was paid to a former member of the services left disabled when a weapon was accidentally fired.

Another soldier got £830,000 after being run over by a JCB construction vehicle, while two others were awarded £552,000 and £470,000 for asbestos-related illnesses.

Bullying in the armed forces was brought to light after an inquest found Corporal Anne Marie Ellement, who killed herself in 2011, had been subject to harassment from fellow soldiers.

Another former soldier, who lost both legs and an arm in a bomb blast in Afghanistan, also highlighted the issue after his complaint about bullying from senior officers reached the courts.

Tom Neathway, 30, who served in the Parachute Regiment for 13 years, brought a case against the army after claiming his sergeant major had whispered in his ear he was “not much of a paratrooper any more” following life-changing battlefield injuries.

Jonathan Isaby, Chief Executive of the TaxPayers’ Alliance, told the Mirror: “With finances so tight, we need to put a much greater focus on bringing this extraordinary bill down.

“Regardless of whether the MoD is paying out on spurious claims or is simply failing to deliver a safe working environment, it is taxpayers that get hit with the bill.

“The Ministry can’t let this situation continue.”

But the MoD said it was “misleading” to compare payouts under the Armed Forces Compensation Scheme to those handed out under normal rules, as the army’s guidelines offer guaranteed lump sums to injured service members regardless of whose fault the injury is.




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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elaine Quote  Post ReplyReply Direct Link To This Post Posted: 09 Jan 2017 at 11:55am
By Patrick Sawer, Senior Reporter and Sarah Limbrick
7 January 2017 • 9:00pm   

It was one of the most shocking incident of the Army’s campaign in Afghanistan, resulting in the death of two soldiers and the severe wounding of a third at the hands of an ally they were training.

A rogue Afghan National Police officer opened fire indiscriminately after talking his way into the British section of a shared checkpoint.

Moments after laughing and joking with his British colleague Gul Agha shot dead 29-year-old Sgt Gareth Thursby and Private Thomas Wroe, 18.

Now the circumstances that led to the tragedy are set to be examined in open court in the hope valuable lessons can be learned.

The private who was left with traumatic life-changing injuries following the attack is suing the Ministry of Defence for not doing enough to make sure Agha was not able to enter the British section as easily as he did.

Augustine Forkuo was shot in his left shoulder, right wrist and arm and was left in need of repeated surgery after Agha went on his murderous gun spree in September 2012.

Despite extensive rehabilitation Mr Forkuo, a former combat medical technician who served in the 3 rd Battalion the Yorkshire Regiment and was mentioned in dispatches for his role in British operations, can no longer lift his left arm above shoulder level, can only use a computer for short periods.

According to a writ lodged with Bromley County Court he suffers from post traumatic stress disorder, which means he “cannot cope with things which invoke blood or fighting, such as certain films or raw meat”, and he also avoids situations likely to involve large crowds.

Mr Forkuo, now 36, alleges that his employers at the MoD failed in their duty to introduce proper procedures for dealing with the possibility of the kind of rogue attack he suffered.

He also alleges that commanders on the ground did not ensure that the safeguards that were in place were followed.

The ‘green on blue’ attack happened on September 15, 2012, when Agha was allowed into the British side of a checkpoint called Tora, in Nahr-e Saraj, apparently seeking medical help for an injury despite the fact he was carrying his AK47 assault rifle on his back, in breach of military rules introduced after previous such attacks.

The entrance between the Afghan and British parts of the camp was policed by a British soldier known as a “Guardian Angel”, designed to stop a green on blue attack by Afghan security forces attacking British troops.

The Guardian Angel should have radioed for help when approached by Gul Agha, but instead he failed to challenge him and left his post to find a medic, according to the writ.

Agha initially laughed and joked with soldiers in the welfare and recreation area before suddenly opening fire, killing Sgt Thursby and Private Wroe and wounding Pte Forkuo.

Their commanding officer Lieutenant Callum Cameron gave the order to shoot, and soldiers opened fire on Agha, killing him.

In a tragic twist, Kingsman Ryan Ward, who shot the rogue policeman, went on to hang himself the day after Sgt Thursby’s funeral.

Sgt Thursby, from Skipton, and Private Wroe, from Huddersfield, were described as brave soldiers and devoted family men by those who knew them.

Mr Forkuo, who now lives at in Bristol, says the MOD is responsible for the negligence of the Guardian Angel, his commanding officer and other commanders and personnel.

He is seeking £100,000 compensation, claiming the MoD failed to ensure that Afghan policeman could not enter the British side of the base to carry out the attack.

Part of his claim is that the MoD was negligent in failing to have an effective response to the green on blue threat.

Mr Fuorko also maintains it failed to carry out a proper risk assessment, and failed to brief him on what he should do when confronted by an armed member of the Afghan security forces in the British part of the check point.

After the shooting he was flown by helicopter to the ISAF main operating base at Camp Bastion, where he needed more than one operation on his injuries. He was then flown to the Queen Elizabeth Hospital in Birmingham for more surgery, and then needed extensive rehabilitation at Headley Court.

He has been discharged from the army on medical grounds, and is significantly handicapped on the open labour market, the writ says.

The court will also hear that Mr Forkuo’s psychological injuries “affect his ability to concentrate, which undermines his ability to learn and work”.

The MoD said it would be inappropriate to comment on ongoing legal proceedings, but a spokesman added:

“All compensation claims are carefully considered and, where we assess that the MOD has a legal liability to pay, we do so."


Edited by Elaine - 09 Jan 2017 at 11:56am
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