ENGLISH UPDATE JULY 2017

Considerable progress has been made over recent months. Regrettably, the British Government, through their lawyers, have indicated quite clearly that they are denying liability completely in respect of the Emergency and the events that took place during it.

To date, the Claimants’ legal team has presented the case to justify the claims, and the court has heard evidence from a number of witnesses including: Test Case Claimants, Medical Experts who examined the Test Case Claimants, Other Claimant witnesses who were able to corroborate evidence given by the Test Case Claimants, Defendant witnesses who gave evidence about events during the Emergency & Defendant witnesses who gave evidence about the search for documents that evidence the claim.

The next phase of the trial will allow the Defendant (Foreign and Commonwealth Office) to present their case. The Defendant had not originally planned to present documents, but now wishes to do so. As a result of this and the way in which the Judge wishes to review the individual Test Cases, it is expected that the trial could continue until at least July 2018 and possibly longer. Once evidence has been presented, the Judge will consider the case and prepare a Judgment which is also expected to take several months.

In the circumstances we would not expect to receive a Judgment until around April 2019. This is extremely disappointing. We will however do everything we can to speed up the process. We will update you further in due course.

If you are reading this update on behalf of a Claimant in the litigation who has sadly died and you are next of kin, can you please contact Miller Advocates as soon as possible so that we can update our records. It is still possible for a claim to be made on behalf of the estate of the Claimant, but it is important we are aware of the situation as there are steps that need to be taken to allow this.