Families of dead soldiers can sue MoD for negligence, senior judges rule The other deaths involved the use of the much-criticised Snatch Land Rovers. Private Phillip Hewett, 21, of Tamworth, Staffordshire, died in July 2005 after his vehicle was blown up. Similar explosions claimed the lives of Private Lee Ellis, 23, of Wythenshawe, Greater Manchester, in February 2006, and Lance Corporal Kirk Redpath, 22, of Romford, Essex, in August 2007. The mother of one of the soldiers wept outside court following the ruling and described the MoD's attitude as "despicable." Last year the High Court ruled that the families could bring action on grounds of negligence but not on human rights grounds. The MoD challenged the ruling but lost in the Court of Appeal today, in a ruling by the Lord Neuberger, Lord Justice Moses and Lord Justice Rimer. Sue Smith, 51, of Tamworth, Staffordshire, whose 21-year-old son Private Phillip Hewett was killed seven years ago, said: "It is just so dismissive. It 'doesn't matter'. They are Action Men. If you break them, just bury them. But they are not just Action Men. People need to make a stand. Shubhaa Srinivasan, a partner with law firm Leigh Day & Co, which is representing the family of Cpl Allbutt and the surviving servicemen, said: "We maintain that the MoD's position has been morally and legally indefensible, as they owe a duty of care to those who fight on behalf of this country." She said it was "a landmark decision," adding: "Soldiers paid a heavy price for their sacrifice and we strongly feel we should be able to ask a British court to consider whether the MoD breached its duty of care to them." Debi Allbutt, widow of Cpl Allbutt, burst into tears as she heard the news. She has fought a near decade-long battle to get the chance to sue the MoD for negligence. Watching the breaking news on a big screen at Swan Bank Methodist Mission in Burslem, Stoke-on-Trent, with local Labour MP Joan Walley, Mrs Allbutt wiped tears from her eyes and smiled as she heard the ruling. Ms Walley, also fighting back tears, stood up and said: "I just want to stand up and congratulate Debi for everything that you've done." 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.