At the centre of the claim is the allegation the UK government and BA received a series of warnings during the night but did not act on them.
It is alleged that one reason for this was the desire of the government to insert a special forces team who could carry out reconnaissance within the country.
Stephen Davis wrote a book about the incident and says he has interviewed members of the team anonymously.
He believes the authorities did not expect the airport to fall to invading Iraqi forces so quickly and the intention was for the men to disembark before the plane went on to its next destination.
The BA cabin services director on the flight previously told the BBC that a British man in military uniform greeted him at the plane’s door on arrival in Kuwait.
The man said he had come to meet 10 men on the flight who had boarded at Heathrow. They were brought to the front, disembarked and were never seen again. But by then, it was too late for the plane to leave.
A UK official serving in the Kuwait embassy at the time previously said he believed there had been a “deniable” operation to hastily put boots on the ground without the full knowledge of the embassy.
Anthony Paice was responsible for political intelligence, a role widely assumed to be cover for MI6.
“I am convinced that the military intelligence exploitation of British Airways Flight 149 did take place, despite repeated official denials,” he told the BBC in his first interview in 2021.
In November 2021, the Foreign Office admitted that Parliament and the public were misled for decades about Flight 149.
Newly released files revealed the British ambassador in Kuwait did warn the Foreign Office about the invasion, but BA was not told.
However, then-Foreign Secretary Liz Truss reiterated earlier denials that the flight was being used for a secret intelligence mission.
“There must be closure and accountability to erase this shameful stain on the UK’s conscience,” said Matthew Jury, from the law firm behind the claim, McCue Jury and Partners.
A Cabinet Office spokesperson said the government did not comment on ongoing legal matters. BA did not respond to a request for comment.
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