The Ministry of Defence (MOD) is to be sued by the families of two of the fourteen who perished when a nimrod plane exploded in the skies of Afghanistan in September 2008.
The MOD are accused of negligence, failing to minimise risk and a breach of the right to life. This will be the first time that the MOD has faced a challenge under the European Convention on Human Rights and Fundamental Freedoms.
In May, a coroner ruled the Nimrod fleet had never been airworthy. The MoD said it had already planned to compensate families of the servicemen. The coroner also said the fleet, based at RAF Kinloss in Moray, should be grounded.
If the action is successful it could pave the way for further such actions.