The High Court in Northern Ireland yesterday heard that a settlement had been reached in the 15-year legal battle over the death of Henry Cunningham in August 1973.

Henry, a Presbyterian, was travelling in a work van which was shot at by loyalist paramilitaries from the Ulster Volunteer Force (UVF). Nobody was ever prosecuted in connection with his death.

The weaponry used in the attack was stolen from an army barracks in Lurgan in October 1972 and was also used in other incidents.

Henry’s brothers Robert and Herbert issued proceedings against the MoD for damages for negligence and misfeasance and made allegations of collusion between the UVF and security forces.

The settlement was announced in court yesterday by Brian Fee KC and Nick Scott BL, acting for the surviving brother, Robert.

His solicitor Gary Duffy, an associate in KRW Law, said: “This case was launched on the back of important investigative research by the Pat Finucane Centre in a seminal document entitled ‘Subversion in the UDR’.

“They discovered Ministry of Defence documents revealing an internal military assessment that ‘suspected collusion’ was involved in the theft from the armoury.

“This extraordinary concession was never meant to see the light of day because without this revelation the case may have struggled to get off the ground.

“The case is yet another example of the need for all state agencies engaged in truth recovery to disclose as much information as possible to [the] conflict-bereaved. Without that they will face an uphill battle to get justice for their loved ones.”

Paul O’Connor from the Pat Finucane Centre said: “The authorities were well aware of the widespread infiltration of the UDR by loyalists when these weapons were ‘stolen’ but turned a blind eye — and innocent civilians like Henry died.

“It is only right and proper that the MoD, which was complicit in the pipeline of illegal weapons supply to loyalist paramilitaries, should now pay compensation to Henry’s family.

“This is all due to the tenacity and determination of members of the Cunningham family.”

Solicitor Kevin Winters added: “There’s a real poignancy to this morning’s announcement given the untimely passing of one of Henry’s brothers.

“I visited Herbie a short time before he died. He was wheelchair-bound for a long time but despite his failing health he was still absolutely insistent upon attending the final hearing of his case.

“Sadly, he never survived to see this case out but his brother Robbie has fought on and stands defiantly outside court this morning.

“Whilst it’s disappointing that he didn’t get an apology it’s nevertheless important to emphasise the significance of a today’s High Court resolution.

“I am immensely pleased for him that he’s got some long overdue closure now.”