Families of servicemen killed when their Nimrod spy plane exploded in the British military’s biggest loss of life since the Falklands War are to sue the government under the European Convention on Human Rights (ECHR), claiming it failed to respect their right to life.

In what promises to be a historic and controversial legal test case that could trigger scores of similar claims from British military personnel serving around the world, the families will tomorrow issue proceedings against the Secretary of State for Defence, Des Browne, alleging the government failed to offer adequate protection to men by minimising the risks of a fire on board the plane.

It will be the first time the Ministry of Defence has faced a legal challenge under the ECHR and the case is likely to cause a furore as it raises complex questions about the extent to which the government can be liable for the deaths of military personnel killed in war zones overseas. It will also refocus the debate around the military’s preparedness for combat and the condition of the equipment being used by the armed forces in theatres of war.

The RAF Nimrod XV230 Nimrod exploded on 2 September 2006 in Afghanistan, killing all 14 servicemen on board including Benjamin Knight, 25, and Steven Swarbrick, 28, whose families are launching the legal action.

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