A CH-47 helicopter

Sending troops into battle without proper equipment could breach rights, says judge

· Soldiers' families welcome crucial court ruling
· Decision may lead to large claims for compensation

Deploying troops on military operations without adequate equipment could breach their human rights, the high court ruled yesterday in a groundbreaking judgment which has widespread implications for defence chiefs and opens the door to potentially huge claims for compensation

Dismissing arguments by the Ministry of Defence, Judge Andrew Collins said that "to send a soldier out on patrol or, indeed, into battle with defective equipment could constitute a breach" of article 2 of the European convention on human rights, which enshrines the right to life

"The soldier does not lose all protection simply because he is in hostile territory carrying out dangerous operations."

"To send soldiers into a combat zone without basic equipment is unforgivable, inexcusable, and a breach of trust