Legal action against MI5 over Manchester Arena bombing cannot continue, judges rule
Hundreds of people affected by the Manchester Arena bombing cannot continue legal action against MI5, judges have ruled.
More than 300 people, including survivors and those bereaved by the 2017 attack at an Ariana Grande concert, brought a case to the Investigatory Powers Tribunal (IPT), claiming failures to take “appropriate measures” to prevent the incident infringed their human rights.
In a ruling on Friday, Lord Justice Singh and Mrs Justice Farbey said the cases could not proceed as they were brought too late.
Lord Justice Singh said: “We are particularly conscious of the importance of the rights concerned… We are also conscious of the horrendous impact of the atrocity on the claimants and their families.
“Any reasonable person would have sympathy for them.
“The grief and trauma which they have suffered, particularly where young children were killed, is almost unimaginable.
“Nevertheless, we have reached the conclusion that, in all the circumstances, it would not be equitable to permit the claims to proceed.”
File pic: AP
Lord Justice Singh acknowledged that while the tribunal “readily understand” why the legal claims were not filed until after the final report from the inquiry into the attack, “real expedition” was needed at that point.
The judge added: “We bear in mind the other matters that had to be investigated and arrangements which had to be put in place but, in our view, the filing of the proceedings was not given the priority which, assessed objectively, it should have been.”
Had the claims gone ahead, the judge noted the security services would have needed to “divert time and resources to defending these proceedings rather than their core responsibilities” – which includes preventing future attacks.
Salman Abedi killed 22 people and injured hundreds when he detonated a rucksack bomb at the end of an Ariana Grande show at Manchester Arena on 22 May 2017.
Manchester Arena bomber Salman Abedi
Hudgell Solicitors, Slater & Gordon and Broudie Jackson Canter, three of the law firms representing complainants affected, said the ruling was “extremely disappointing” for their clients.
In a statement, the firms said: “Ever since the attack in May 2017, our clients have had to endure continued delays but have done so with great patience and understanding in the hope that by allowing all legal processes to be fully explored, transparency and justice would be achieved.
“It took almost six years for the failings of MI5 to be revealed, confirmed when the inquiry chair published his volume three findings in March 2023, in which he said MI5 had missed a ‘significant opportunity’ to prevent the attack.
“This report concluded that within this six-year period, the security service corporate witnesses X and J gave evidence on oath that had presented an inaccurate picture, and the same inaccurate picture had been presented to Lord Anderson when he compiled his report in December 2017.”
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The law firms said following these findings, their clients believed the IPT would “provide the route to the formal vindication of their human rights”.
The firms added: “We are disappointed that time is one of the reasons now being used against them to prevent their claims progressing. Seven years have now passed since the atrocity in May 2017 – six years of that seven-year delay was caused by MI5.
“This judgment certainly doesn’t exonerate MI5. There were failings by MI5 and multiple other parties leading up to and on the actual evening of 22 May 2017 and collectively we continue to support our clients in their fight for full accountability and justice.”
Police with members of the public after the attack. Pic: PA
The inquiry into the bombing found it might have been prevented if MI5 had acted on key intelligence received in the months before the attack.
The agency’s director-general, Ken McCallum, expressed deep regret that such intelligence was not obtained.
Two pieces of information about Abedi were assessed at the time by the security service to not relate to terrorism.
But inquiry chairman Sir John Saunders said, having heard from MI5 witnesses at the hearings, he considered that did not present an “accurate picture”.
Lawyers for those affected previously said the inquiry found there was a “real possibility” that one of the pieces of intelligence could have obtained information which may have led to actions preventing the attack.
And at the hearing earlier this month, Pete Weatherby KC, for those affected, described the IPT claims as “the next step” in vindication for his clients after the inquiry’s findings.
UK
Teenager living in ‘continuous pain’ after surgeon Dr Yaser Jabbar carried out ‘inappropriate’ operations
A 15-year-old boy who was operated on twice by a now unlicensed Great Ormond Street surgeon is living with “continuous” pain.
Finias Sandu has been told by an independent review the procedures he underwent on both his legs were “unacceptable” and “inappropriate” for his age.
The teenager from Essex was born with a condition that causes curved bones in his legs.
Aged seven, a reconstructive procedure was carried out on Finias’s left leg, lengthening the limb by 3.5cm.
A few years later, the same operation was carried out on his right leg which involved wearing an invasive and heavy metal frame for months.
He has now been told by independent experts these procedures should not have taken place and concerns have been raised over a lack of imaging being taken prior to the operations.
Yaser Jabbar rescinded his UK medical licence last year. Pic: LinkedIn
His doctor at London’s prestigious Great Ormond Street Hospital was former consultant orthopaedic surgeon Yaser Jabbar. Sky News has spoken to others he treated.
Mr Jabbar also did not arrange for updated scans or for relevant X-rays to be conducted ahead of the procedures.
The surgeries have been found to have caused Finias “harm” and left him in constant pain.
“The pain is there every day, every day I’m continuously in pain,” he told Sky News.
“It’s not something really sharp, although it does get to a certain point where it hurts quite a lot, but it’s always there. It just doesn’t leave, it’s a companion to me, just always there.”
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Finias’s surgery pictures
Care of over 700 patients being assessed
Mr Jabbar rescinded his UK medical licence in January last year after working at Great Ormond Street between 2017 and 2022.
The care of his 700-plus patients is being assessed, with some facing corrective surgery, among them Finias.
“Trusting somebody is hard to do, knowing what they have done to me physically and emotionally, you know, it’s just too much to comprehend for me,” he said.
“It wasn’t something just physically, like my leg pain and everything else. It was emotionally, because I put my trust in that specific doctor. My parents and I don’t really understand the more scientific terms, we just went by what he said.”
Doctors refused to treat Finias because of his surgeries
Finias and his family relocated to their native Romania soon after the reconstructive frame was removed from his right leg in the summer of 2021.
The pain worsened and they sought advice from doctors in Romania, who refused to treat Finias because of the impact of his surgeries.
Dozens of families seeking legal claims
His mother Cornelia Sandu is “furious” and feels her trust in the hospital has been shattered. They are now among dozens of families seeking legal claims.
Cyrus Plaza from Hudgell Solicitors is representing the family. He said: “In cases where it has been identified that harm was caused, we want to see Great Ormond Street Hospital agreeing to pay interim payments of compensation for the children, so that if they need therapy or treatment now, they can access it.”
Finias is accessing therapy and mental health support as he prepares for corrective surgery later in the year.
A spokesperson for Great Ormond Street Hospital told Sky News: “We are deeply sorry to Finias and his family, and all the patients and families who have been impacted.
“We want every patient and family who comes to our hospital to feel safe and cared for. We will always discuss concerns families may have and, where they submit claims, we will work to ensure the legal process can be resolved as quickly as possible.”
Finias with his mother and sister
Service not ‘safe for patients’
Sky News has attempted to contact Mr Jabbar.
An external review into the wider orthopaedic department at the hospital began in September 2022.
It was commissioned after the Royal College of Surgeons warned the hospital’s lower limb reconstruction service was not “safe for patients or adequate to meet demand”.
The investigation is expected to be completed by the end of the year.
Sir Keir Starmer has said closer ties with the EU will be good for the UK’s jobs, bills and borders ahead of a summit where he could announce a deal with the bloc.
The government is set to host EU leaders in London on Monday as part of its efforts to “reset” relations post-Brexit.
A deal granting the UK access to a major EU defence fund could be on the table, according to reports – but disagreements over a youth mobility scheme and fishing rights could prove to be a stumbling block.
The prime minister has appeared to signal a youth mobility deal could be possible, telling The Times that while freedom of movement is a “red line”, youth mobility does not come under this.
His comment comes after Kaja Kallas, the EU’s high representative for foreign affairs, said on Friday work on a defence deal was progressing but “we’re not there yet”.
Sir Keir met European Commission president Ursula von der Leyen later that day while at a summit in Albania.
Ursula von der Leyen and Sir Keir had a brief meeting earlier this week. Pic: PA
If agreed, the deal will be the third in two weeks, following trade agreements with India and the US.
Sir Keir said: “First India, then the United States – in the last two weeks alone that’s jobs saved, faster growth and wages rising.
“More money in the pockets of British working people, achieved through striking deals not striking poses.
“Tomorrow, we take another step forward, with yet more benefits for the United Kingdom as the result of a strengthened partnership with the European Union.”
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Conservative leader Kemi Badenoch has said she is “worried” about what the PM might have negotiated.
Ms Badenoch – who has promised to rip up the deal with the EU if it breaches her red lines on Brexit – said: “Labour should have used this review of our EU trade deal to secure new wins for Britain, such as an EU-wide agreement on Brits using e-gates on the continent.
“Instead, it sounds like we’re giving away our fishing quotas, becoming a rule-taker from Brussels once again and getting free movement by the back door. This isn’t a reset, it’s a surrender.”
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