Chinook families “extremely disappointed, deeply upset but firmly united” after High Court ruling

14 July 2026

The families of those killed in the 1994 Chinook disaster have challenged the incoming Prime Minister Andy Burnham to immediately order a fresh review into the crash – following a decision by the High Court that under English law they are “out of time to” legally challenge the MoD over the circumstances in which 29 people died.  

The families, many of whom were in tears in court, heard the judge deny permission for Judicial Review on a time-bar technicality on the basis that the claim was brought too late. 

Andy Tobias, whose father was killed in the crash, said after the hearing: "We are extremely disappointed by the decision, deeply upset at being refused on a technicality but firmly united in continuing to seek the truth.

“The judge didn’t seem to appreciate how difficult it was for families who didn’t know each other and who were kept apart by the MoD following the crash, to uncover the cover up – which took external technical expertise and investigative reporting.

“How long should families be given to uncover lies? Today’s decision is an absolute travesty of justice and we are downhearted but not defeated, we will continue our fight for the truth and we never give up. 

“Today, we challenge Andy Burnham, the incoming Prime Minister, who has built his reputation fighting for Hillsborough families and championing a statutory duty of candour, to order a fresh review without further delay. He has the power and we urge  him to swiftly extend the principles of Hillsborough Law to the Chinook families.

“For a government which claims to be committed to Hillsborough Law – which ironically is being approved by MPs in Westminster today just a few miles away – the lack of candour on show in the court today by government lawyers was absolutely sickening. 

“We do not believe bereaved families should be denied the opportunity to seek justice simply because they were unaware that crucial information had been withheld from them. We remain united, dignified and determined to fight for the justice which we and our loved ones deserve.

“Our legal team will now pursue every remaining legal avenue, including taking this case to the European Court of Human Rights. But this should never have to be resolved through years of litigation.”

Today, former Defence Secretary Sir Liam Fox has said he will deliver a fresh letter urging Andy Burnham to order a fresh and urgent review into the crash - a request to which Sir Keir Starmer recently failed to respond.

The former Defence Secretary Sir Liam Fox believes he may have been misled over the airworthiness of the Chinook and suspects an MoD cover up. He's been backed by Baroness Helen Liddell and Lord Bruce - who sat on the Mull of Kintyre Review.

The Chinook Justice Campaign’s pro bono legal team, from Howard Kennedy and Doughty Street Chambers say the judge did not determine that the underlying concerns of the families lack merit. Instead, he has concluded that the passage of time prevents the case from proceeding under English law. As a result, families who continue to seek answers are left without an effective domestic remedy. 

Mark Stephens, solicitor for the families, said: "Justice delayed should not become justice denied. The State holds the records, the families live with the consequences, yet the court has ruled that the door to judicial review is now closed because too much time has passed.

"If our laws are unable to provide an effective remedy, the families will now - just like the Hillsborough families they will not give up and we will take their case to the European Court of Human Rights. The quest for justice and accountability does not end with today's decision."

"The High Court ruling means the families must now ask The European Court of Human Rights to consider whether the United Kingdom has provided an effective remedy for serious human rights concerns.  The Hillsborough families taught us that the passage of time does not extinguish the State's obligation to confront the truth. If domestic law offers no route to investigate matters of such gravity, the next step will be to seek justice before the European Court of Human Rights."

Jenni Balmer-Hornby, whose father Anthony was killed, added: “All we are asking for is the truth. The MoD still need to answer the question about why my dad and 28 others were placed on a helicopter which was known to be unairworthy and which was describe as positively dangerous by its own test engineers and test pilots.”