Deborah Haynes, Defence Correspondent
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An engineer wounded in Iraq brought a landmark claim for damages yesterday against the Ministry of Defence and a private consultancy in a move that could pave the way for other civilians injured in war zones to sue their employers.
Graham Hopps, 45, lost his right shoulder in a roadside bomb while travelling on a road known as “bomb alley” in an unarmoured Land Rover Discovery in Basra in the autumn of 2003. He accuses Mott MacDonald, the consultancy that hired him, and the Ministry of Defence of failing to provide better-protected vehicles when driving down “unapproved” routes.
“This case is very important not just for myself but for every other contractor that works out in countries like Iraq and Afghanistan,” Mr Hopps told The Times outside the Royal Courts of Justice, where the case is being heard.
“A lot of these companies get away with cutting corners for people and it’s not right. It needs to be sorted out,” said the father of two from Leeds. He was a contractor on a power station construction project run by Mott MacDonald, which is working on the reconstruction effort for the British Government.
Irwin Mitchell, the law firm representing Mr Hopps, is also looking into two other similar cases involving civilians injured in Iraq.
Matt Brown, a lawyer at Irwin Mitchell, said: “There will have been people, I feel fairly sure, [who] have been injured in relatively similar circumstances. This [case] could open the door to more cases of this type.”
Relatives of military victims have already lodged such claims. The families of three soldiers and a Marine who died while travelling in lightly armoured Snatch Land Rovers are suing the MoD for damages.
Mott MacDonald received support from the Army to transport contractors. Mr Hopps and an Iraqi engineer were being driven in the Land Rover by a British officer and a second officer was in the front passenger seat.
“There was a loud thud and everything went black. I realised that something bad had happened,” Mr Hopps said, recalling the explosion to the side of the vehicle, sending shrapnel into him and killing the engineer.
The hearing deals with duty of care and causation to decide liability, which is denied by both defendants. Mott MacDonald said the firm tries to ensure safety of staff and contractors in Iraq. The Defence Ministry said: “The MoD pays compensation [where] there is legal liability to do so.”
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