Parents of airmen killed in Nimrod crash in legal battle with Defence Secretary

The families of two airmen killed when their Nimrod aircraft exploded in Afghanistan have served legal proceedings on the Ministry of Defence.

Sergeant Benjamin Knight, 25, and Flight Lieutenant Steven Swarbrick, 28, died alongside 12 colleagues when their 40-year-old plane exploded in a fireball moments after a mid-air refuelling.

The MoD insists it has "full confidence" in the aircraft, which continue to operate in Afghanistan.

However, the parents of Sgt Knight and Flt Lt Swarbrick served legal proceedings on Defence Secretary John Hutton alleging negligence, failure to minimise risk and breach of the right to life.

The move comes as Gordon Brown delivered a Christmas message to British troops in Iraq and Afghanistan, insisting their "sacrifices" were making the UK a safer place.

If the action is successful it could pave the way for other families to sue the government over the death of loved ones.

It is also the first time the MoD has faced legal action under the European Convention on Human Rights.

Sgt Knight's father, Graham Knight, 56, said: "It is about accountability. When you look at things that have happened recently lie the Baby P case, it was tragic that child died and there were resignations and sackings.

"In this case there was an aircraft that was not airworthy, 14 men died and as far as we know not one person has had action taken against them.

"We want to know who was responsible, who should have made sure it was airworthy and failed in their duty of care."