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Judges rule soldier's family can sue Government
2:24pm Friday 19th October 2012 in News
THE FAMILY of a Colchester soldier killed in Iraq can sue the Government for negligence.
Senior judges made the landmark decision on Friday at the Court of Appeal.
Private Lee Ellis, of Colchester-based 2nd Battalion, The Parachute Regiment, died in February 2006 when his Snatch Land Rover struck a roadside bomb near Al Amara in southern Iraq.
Pte Ellis’s family have argued the Ministry of Defence (MOD) failed to provide armoured vehicles or equipment which could have saved his life.
They have been fighting for compensation since the 23-year-old’s death.
Pte Ellis's sister, Karla, 31, from Wythenshawe, said: "Our best men should be looked after to the highest standard if they are going out to save the rest of the world.
"To me it never made sense. It was bizarre.
"My brother was owed a duty of care.
"There is no doubt he would have survived the attack if he had not been in that vehicle.
"Hopefully today's decision will mean we can try to get some closure. I'm really pleased."
An MoD spokesman said: "Our thoughts and concerns remain with those that were injured and the families of those that sadly lost their lives.
"We are considering the judgment by the Court of Appeal and as this is likely to be subject to further legal action it would be inappropriate for us to comment further.”