Ministry of Defence (Respondent) v AB and others (Appellants)

The case of Ministry of Defence (Respondent) v AB and others (Appellants) involved appeals against the Court of Appeal's decision that claims by nine veterans for damages resulting from exposure to ionising radiation during nuclear tests in the 1950s were statute-barred under sections 11(4) and 14(1) of the Limitation Act 1980. The House of Lords unanimously dismissed the appeals. The central legal issue was the interpretation of the term "knowledge" in the context of personal injury claims under the Limitation Act 1980. The court examined whether the claimants had knowledge that their injuries were attributable to the alleged exposure to ionising radiation within three years prior to issuing their claims. The majority of the House of Lords, including Lord Phillips, Lord Walker, Lord Mance, and Lord Brown, held that the claimants had knowledge of the attributability of their injuries prior to the relevant limitation period, thus barring their claims. Lord Wilson dissented, arguing that the claimants lacked such knowledge until they were presented with the Rowland report in 2007. The court also considered the discretionary power under section 33 of the 1980 Act, concluding that despite the claimants' lack of a real prospect of success, the Court of Appeal was correct not to exercise the discretion to allow the claims to proceed. The final orders of the House of Lords affirmed the dismissal of the appeals and upheld the Court of Appeal's decision.