LONDON, England: Passengers and crew of British Airways Flight 149, which was hijacked in Kuwait in 1990 shortly after Saddam Hussein’s invasion, have initiated legal proceedings against both the UK government and the airline.
The flight, originally bound for Kuala Lumpur, was diverted to Kuwait following the invasion. Upon landing, the 367 passengers and crew were taken hostage, enduring more than four months of captivity. During this period, they were used as human shields against potential Western attacks on Iraqi forces during the first Gulf War.
Ninety-four survivors have now filed a civil claim at the High Court in London, represented by McCue Jury & Partners. They accuse both the UK government and British Airways of deliberately endangering civilians by allowing the flight to land in a war zone despite being aware of the invasion. The lawsuit alleges severe physical and psychiatric harm suffered by all claimants as a result of their harrowing ordeal, which continues to impact their lives today.
Barry Manners, a survivor and participant in the legal action, criticized their treatment, stating they were viewed not as citizens but as expendable pawns for commercial and political gains. He expressed hope that a legal victory would bring transparency and accountability, restoring trust in the political and judicial processes.
The legal action draws attention to British government files released in 2021, revealing that the UK ambassador to Kuwait had informed London about reports of Iraqi incursion before Flight 149 landed. However, this critical information was not relayed to British Airways. There are also allegations, denied by the government, that the flight was intentionally used to deploy undercover operatives, and its take-off was delayed to facilitate their boarding.
British Airways has consistently denied accusations of negligence, conspiracy, and a cover-up related to the incident. The airline did not respond to requests for comment but previously stated that records released in 2021 confirmed they were not warned about the invasion beforehand.
McCue Jury & Partners, announcing their intention to file the suit in September, estimated that each hostage could claim an average of £170,000 ($213,000) in damages. This legal action follows a precedent set in 2003 when a French court ordered British Airways to pay 1.67 million euros to French hostages of the same flight, citing serious breaches of duty in ensuring their safety.