MoD tries to block payout for soldier accidentally killed by Black Watch

FAMILIES of four British soldiers killed in Iraq, including a corporal shot by the Black Watch in a "friendly fire" incident, should not be allowed to seek compensation, lawyers acting for the UK government have said.

The relatives of the servicemen, who were killed in separate incidents, are trying to sue the Ministry of Defence, accusing it of failing to provide armoured vehicles or equipment that could have saved their lives.

Lawyers for the families say the claims raise a legal question and "complex factual issues" relating to the question of whether the MoD has a "duty of care" to soldiers in such circumstances.

However, the MoD told a High Court judge the claims should be "struck out", arguing that such matters were "political decisions, not legal decisions", and that such vehicles and equipment were not available when the soldiers died.

James Eadie, QC, for the MoD, told the court the compensation claims related to one incident in which a British Challenger tank opened fire on another British Challenger tank and three others in which soldiers died when Snatch Land Rovers hit improvised bombs.

Corporal Stephen Allbutt, 35, from Stoke-on-Trent, Staffordshire, died from "friendly fire" in March 2003 when Black Watch troops under the command of a senior Scottish officer unwittingly opened fire on tanks from the Queen's Royal Lancers.

At a 2007 inquest into the father of two's death, the coroner was critical of Lieutenant-Colonel Lindsay Duff, and did not accept his evidence that he had broadcast Cpl Allbutt's position over the radio and received acknowledgement from the platoon.

Mr Eadie told the court yesterday that Cpl Allbutt's family was alleging that the two tanks involved in the "friendly fire" incident should have been fitted with "tactical safety equipment" - "target identity" or "situation awareness" devices.

He said at the time the UK was looking to procure "battlefield identification systems", but the programme was in a developmental stage and not available.

Lawyers Leigh Day & Co, who represent Cpl Allbutt's widow, Debi, have said the MoD's stance meant it owed no duty of care to its soldiers during the "heat of battle".The firm said it was "vigorously challenging" the MoD's case, which it described as a "travesty of justice".

Also seeking compensation are the families of Private Phillip Hewett, 21, from Tamworth, Staffordshire, who died in July 2005 after a Snatch Land Rover was blown up; Private Lee Ellis, 23, from Wythenshawe, Cheshire who died after a similar incident in February 2006; and Lance Corporal Kirk Redpath, 22, from Romford, Essex, who died after a similar explosion in August 2007.

Their relatives claim the MoD put soldiers at "unnecessary and unreasonable risk" by providing "poorly armoured" Snatch Land Rovers when better-armoured vehicles, such as the Cougar, used by US troops, were available.

Mr Eadie told the court there was a "long-running" procurement process going on, but such vehicles were either not available to UK forces or not available to all commanders everywhere.

The hearing in London, which is expected to last three days, continues. Judge Mr Justice Owen is expected to reserve judgment.