Sending British soldiers on patrol or into battle with defective equipment could breach their human rights, High Court judge Mr Justice Collins ruled.
In a test case over Scottish soldier Pte Jason Smith's death in Iraq, he said human rights legislation could apply to troops on active service.
He also ruled the families of those killed in conflict should get legal aid and access to military documents.
This could open a large can of worms for the MoD. If they have been sending soldiers to battle with bad equipment then they could be facing large lawsuits.
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