Res Communis

by P.J. Blount with the blog faculty

From Aero-News Network:

Families Sue MoD For Negligence In 2006 Nimrod Downing

Wed, 03 Sep ‘08
Suit Alleges Aging Planes Have Never Been Safe To Fly

Two of the United Kingdom families who lost sons when a Royal Air Force Nimrod MR2 burst into flames over Afghanistan two years ago began a landmark lawsuit against the Ministry of Defence in Britain’s High Court Tuesday.

The Time of London reports the suit contends the British Ministry of Defence failed to ensure that the Nimrod was safe to fly. As ANN reported, all 14 men onboard the aging reconnaissance plane died when the aircraft exploded during mid-air refueling.

Investigators determined in December 2007 that fuel leaking through a corroded pipe coupling came in contact with a hot-air pipe and ignited.

The charges are not isolated to this incident. Assistant Deputy Oxfordshire Coroner Andrew Walker is on record with his conclusion that the Nimrod surveillance aircraft had a fundamental design fault, and had never been airworthy.

The suit could set a huge and expensive precedent. The families of 25-year-old Sergeant Benjamin Knight, and 28-year-old Flight Lieutenant Steve Swarbrick, both of 120 Squadron, RAF Kinloss, Morayshire, have retained lawyer John Cooper, who will issue a writ for compensation based, among other charges, on a breach of right to life under Article 2 of the European Convention on Human Rights.

Cooper tells the Times that if the two families win, it could set precedent not only for all the Nimrod families but also for other cases alleging the ministry has failed to provide adequate equipment to personnel in Afghanistan and Iraq. . . . [Full Story]