Cheshire nuclear test veteran disappointed over appeal

A Warrington war veteran who took part in nuclear tests has said the decision not to allow his claim for damages to go to court is "very disappointing".

Arthur Hart, 73, was one of 1,011 service personnel subjected to experiments involving nuclear weapons in the South Pacific in the 1950s.

He was among 10 ex-servicemen who launched test cases against the MoD, blaming the tests for their ill health.

Judges at the Court of Appeal ruled that only one case could proceed.

Lady Justice Smith, Lord Justice Leveson and Sir Mark Waller said nine cases - which the MoD opposed - were launched outside the legal time limit and could not proceed.

They also said they had no evidence to show the tests were to blame.

They decided only the case of the late Bert Sinfield - which the MoD had not opposed - was entitled to proceed to trial.

The men involved want compensation for illnesses - including cancer, skin defects and fertility problems - which they have claimed are the result of exposure to radiation.

The men involved want compensation for illnesses - including cancer, skin defects and fertility problem

They all served at the height of the Cold War, when Britain carried out a series of nuclear weapons tests in mainland Australia, the Montebello Islands off the west Australian coast and on Christmas Island in the South Pacific.

Mr Hart was on board HMS Diana, which was sailed through radioactive fallout to test if and how servicemen would react in a nuclear situation.

He said he has suffered lipomas (soft tissue tumours) and has had a minimum of 100 tumours all over his body since 1962.

He said: "To not have a chance to actually give evidence to the MoD in a situation where they would be prepared to listen because it's been turned down, it's very disappointing.

"I had bowel cancer in 2002, and subsequent chemotherapy for six months, and whilst I'm still here, I do feel that the lipomas have blighted my life to some extent.

"I just think we were guinea pigs, it was morally wrong, and whatever is morally wrong can't be politically right, whatever your politics."

Mr Hart's legal advisers are now considering whether to mount an appeal.