Missiles on tower block: Judge will rule today

Council tenants in Leytonstone, east London, fear the missile base above their heads could trigger a terrorist attack, the judge was told at a hearing yesterday.

But lawyers for Defence Secretary Philip Hammond dismissed their fears.

Mr Justice Haddon-Cave, sitting at London’s High Court, heard top Ministry of Defence officials, UK intelligence agencies and the Metropolitan Police had concluded there was no “credible threat”.

The residents are applying for permission to seek judicial review on the grounds their human rights have been breached because they were not consulted fairly and properly over the proposals for the ground-based air defence system.

Marc Willers, representing the residents, conceded there was no hope of a full consultation process now but he said there was still time for those who were in fear to be relocated until the end of the Games.

Mr Willers said: “It is the unprecedented siting of a military base or missile site in peace time on English soil that brings us to this court.”

David Forsdick, appearing on behalf of the Defence Secretary and MoD, said there was no statutory duty to consult on issues involving the defence of the realm and national security.

He said the Defence Secretary was entitled to conclude there was no alternative to the use of the Fred Wigg Tower, and the MoD was not legally obliged to relocate residents or offer them compensation.

l Follow today’s decision at www.scotsman.com/uk