Lancastria Association of Scotland seeks legal advice over Government refusal to designate Lancastria an official war grave
The Lancastria Association of Scotland is taking legal advice following a recent High Court ruling in London earlier this month (December) to force the British government into designating Lancastria an official war grave. The move follows a judicial review undertaken by Mr Jutice Newman at the High Court in London after relatives of the SS Storaa successfully won a verdict which has left the MoD reeling. The Defence Minister must now reconsider his earlier decision not to designate the Storaa under the Protection of Military Remains Act. The High Court ruling has implications for many other merchant vessels sunk during the war, not least the Lancastria.
In a letter to the Veterans Minister Don Touhig Mark Hirst of the Lancastria Association of Scotland said:
"I note that previously you have said that whilst Lancastria is a "prima facia" case for designation under Protection of Military Remains Act such a move by your government would be "purely symbolic". I will not argue the rights or wrongs of that position, but can advise categorically that it is the unanimous view of our members that we wish the government to designate Lancastria an official war grave.
"I note also in the last few days the decision by the High Court to designate the SS Storaa an official was grave following legal action by relatives of the dead. If, back in June Lancastria was a "prima facia" case for designation under the Act where does this latest ruling leave your government and its position with regard to what remains Britain's worst ever maritime disaster?"
Mark Hirst added: "It would be highly regrettable if not deeply embarrassing for your government were we to be forced to follow the precedent set by the relatives of the Storaa to secure the maximum British protection which can be afforded to what is the worst single loss of life for British forces in the whole of World War 2. We sincerely hope that we will not be forced into that position."
Legal advice has now been sought from a leading Court of Session QC in Edinburgh who has said in light of the High Court ruling relatives of the Lancastria disaster would have a very good chance of forcing the Government to reconsider. Responding to the development Mark Hirst said:
"It beggars belief really that we are having to consider legal action in order to force the government to do afford maximum protection to the wreck and in-so-doing bring formal recognition to a sacrifice they would prefer to forget. Its sickening, but we will pursue all the available avenues to ensure action by the government is forthcoming."
