Porton Down

On this page you will find details of the Porton Down case (most recent news at the top).

 

Porton Down - Agreed Press Statement by Ministry of Defence, Thomson Snell & Passmore and Leigh Day & Co solicitors

The Ministry of Defence and Leigh Day & Co and Thomson Snell & Passmore, solicitors for a group of Porton Down veterans, are pleased that an amicable settlement has been reached with respect to claims by the group arising out of their participation in trials that took place during the Cold War, designed to ensure that the UK had the defensive and deterrent capabilities required to respond to the threat of the use of chemical weapons against the UK. 

This settlement is without admission of liability by the Ministry of Defence and involves the payment of a global sum of £3 million in full and final settlement of all claims made by the group, together with an apology by the Department. 

The Claimants’ solicitors said that the settlement represented a fair deal for the claimants and welcomed the constructive approach shown by the Ministry of Defence in reaching the settlement.

 

Porton Down veterans launch group action against Ministry of Defence

Around 350-400 former servicemen who participated in experiments at the MoD's Chemical Defence Establishment at Porton Down, Wiltshire, from the 1940s-1980s have instructed law firms Leigh Day & Co and Thomson Snell & Passmore to seek compensation on their behalf from the MoD for the injuries they sustained as a result of the experiments.

The veterans state that they were not informed about the nature of the chemical warfare agents to which they were subjected before participating in the experiments, nor the risks associated with them. Many believed that they were assisting in the quest to find a cure for the common cold. It has only been over the last decade that the veterans have learned of the chemical agents to which they had actually been exposed.

Long-term health problems

Of the cohort of veterans in the group action being launched against the MoD, about one-fifth appear to have likely long-term adverse health consequences resulting from their exposures. These range from long-term migraines, eye and nasal problems to nerve damage and psychiatric disorders. Professor James Bridges, an expert toxicologist, has been instructed by the legal teams to advise on the long-term health claims. The other veterans in the group sustained immediate adverse health effects, such as temporary blindness, severe migraines/headaches, inability to breathe, collapse and nightmares.

Payments have been made to veterans who participated in similar experiments in the US and Canada, by their respective governments. However, the UK government has so far refused to set up a payment scheme for the UK "volunteers." The group action will be served on the MoD at the end of this month.

Martyn Day, senior partner at Leigh Day and Co said: 'We hope that the MoD will deal with the claims swiftly and fairly out of court, if not, legal proceedings will be commenced in the High Court very shortly.'

Alan Care, litigation executive at Thomson Snell & Passmore said: 'I have been battling for Porton Down victims for over a decade. Hopefully the commencement of this group claim will at last see the men on the home straight.'

Eric Gow, Chairman of the Porton Down said: 'What was done to us all was totally unforgivable. However, recognition of this through the resolution of these claims will go some way towards righting this historic wrong.'

For further advice or information please email Alan Care alan.care@ts-p.co.uk.

Ronald Maddison and Porton Down - MoD to pay six figure sum in compensation

Thomson Snell & Passmore are delighted to announce that the MoD have agreed to pay a six figure sum in compensation to the Maddison family. The exact figure remains confidential. Llias Craik, sister of Ronald Maddison, who has campaigned tirelessly to uncover the truth about her brother Ronald's death at Porton Down in May 1953 is pleased that all is finally over. As Llias has stated the case was never about money or compensation but about justice. Now after 50 years this goal has been achieved and there is finality and closure. We would ask the press and media not to contact Llias for any further comment who continues to slowly recover from a stroke.

Alan Care of Thomson Snell & Passmore added "I am also delighted with this settlement for the Maddison family giving due credit to the MoD for this. I now hope there is a will by the MoD to resolve the other Porton veteran claims".

Background notes

1953 Ronald Maddison dies as a result of a Sarin GB nerve agent experiment at Porton Down. The original inquest held at the time in camera finds that his death was due to misadventure and in addition a secretly held Ministry of Supply Board of Inquiry finds that his death was an idiosyncratic reaction.

Nov. 2002 Lord Chief Justice orders a new inquest upon Wiltshire Coroner David Master's application to High Court

15 11 2004 After over 50 days of evidence a second inquest jury give their verdict that Ronald Maddison was unlawfully killed due to gross negligence.

20 12 04 - MoD Ministerial statement to House of Commons wherein the MoD apologise to the Maddison family and will look "favourably" upon paying compensation but will nonetheless judicially review the inquest verdict

13 2 2006 MoD withdraw their High Court Judicial Review challenge and accept that Ronald Maddison was unlawfully killed by reason of gross negligence in the conduct and planning of the experiment.

Porposal agreed by the MOD and the family

Joint press release between Thomson Snell & Passmore and the Ministry of Defence 13 February 2006

Llias Craik, on behalf of the Maddison Family and the Ministry of Defence are satisfied that they have been able to agree and a constructive resolution of the proceedings in the terms of the below proposal which the court has approved and which has thereby resolved the Ministry of Defence's claim for Judicial Review.

1. The Ministry of Defence have always accepted there was sufficient evidence for the Coroner to leave to the Jury the issue of whether the Deceased was unlawfully killed as a result of gross negligence in the conduct and planning of the experiment.

2. Having regard to all of the circumstances, the Deceased's family do not challenge the Ministry of Defence's claim in these proceedings that there was insufficient evidence for the Coroner to leave the Jury the issue of whether the Deceased did not consent to the application of what was defined by the Coroner as "a chemical warfare nerve agent in a non-therapeutic experiment" ie, that there was insufficient evidence for the Coroner to leave to the Jury the verdict of unlawful act manslaughter.

3. In the light of the above, the Deceased's family do not challenge the Ministry of Defence's claim that the issue of whether the Porton Down scientists were grossly negligent in obtaining the Deceased's consent to the experiment as so defined should not have been left to the Jury, ie, that he should not have left the Jury the verdict of gross negligence manslaughter in relation to the obtaining of consent.

4. In all of the circumstances, if it is accepted that the verdict of unlawful act manslaughter and the verdict of gross negligence manslaughter in relation to the obtaining of consent should not have been left to the Jury, the Ministry of Defence will no longer seek to quash the verdict of unlawful killing.

5. The Court is accordingly invited to vary paragraph 4 of the form of inquisition to add the words "by reason of gross negligence manslaughter relating to the conduct and planning of the experiment on the Deceased."

Porton Down Death Verdict is Unlawful Killing by the State

On the 6th May 1953, 20 year-old LAC Ronald Maddison died having attended at Porton Down Chemical and Biological Defence Establishment as a "volunteer / observer". He took part in a Sarin GB chemical warfare nerve agent experiment. Porton Down at the time stated that the purpose of this experiment was to -

"……. discover the dosage of GB, GE and GF which when applied to the clothed or bare skin of men would cause incapacitation or death"

For 50 years Ronald's family have called for an explanation as to why he died. The original inquest in 1953 was held in secret. Following HM Coroner David Master's application to the High Court Lord Chief Justice Woolf ordered this new inquest . The jury have now considered their verdict heard evidence from 100 witnesses for over 50 days.

Llias Craik - Ronald's sister, commented that after 50 years the family now know how and why Ronnie died and are pleased that the Jury's verdict is unlawful killing by the state. The family will now seek compensation, which as the Treasury Solicitor had indicated in 1953, should be paid to the family. Given the facts that have now emerged the family wish to fully support all veterans who were "mislead" into attending Porton Down in their demand for a Public Inquiry.