The families of people who have contracted the human form of BSE are to sue the government for exposing them to infected beef. The action was taken before the end of the BSE inquiry to meet the criteria of the three-year statute of limitations.
More cases are likely to be filed before the end of the year.
Thirty-nine people have been confirmed as having nvCJD since 1995. David Body, the solicitor representing the families, said he will argue that the Department of Health and the Ministry of Agriculture, Fisheries and Food failed in their duty as regulators of the food industry. Referrals News of the action came as the Department of Health moved to play down reports that the number of referrals of nvCJD cases has risen steeply in recent months, prompting fears of an epidemic. A Department of Health spokeswoman said the number of referrals was always much higher than the number of confirmed cases. And a sudden rise in referrals could just represent a cluster rather than an upward trend.