At the heart of the claim is the claim that the UK government and BA received a series of warnings throughout the night but failed to act on them.
One reason, it has been argued, is that the government wanted to deploy special forces that could conduct reconnaissance activities within the country.
Steven Davis wrote a book about the incident and said he interviewed team members anonymously.
He believes authorities did not expect the airport to fall to Iraqi invaders so quickly and that the goal was to get the men off the plane before it could leave for its next destination.
A BA cabin service manager on board the flight told the BBC that upon arrival in Kuwait, a British man in military uniform greeted him at the plane door.
The man said he was met by 10 men who had boarded the plane at Heathrow Airport. They were brought forward, taken off and never seen again. But by then it was too late for the plane to leave.
A British official working at the Kuwaiti embassy at the time said he believed there had been a “deniable” operation to hastily put the boots on the ground without informing the embassy.
Anthony Paice was in charge of political intelligence, a role widely believed to have been used as a cover for MI6.
“I am confident that the use of military intelligence on British Airways Flight 149 did indeed occur, despite repeated official denials,” he told the BBC in his first interview of 2021.
In November 2021, the Department of State acknowledged that Congress and the public had been misinformed about Flight 149 for decades.
Recently released documents show that the British ambassador to Kuwait warned the Foreign Office about the invasion, but said nothing to the British ambassador.
However, then Foreign Secretary Liz Truss repeated previous denials that the plane had been used for secret intelligence missions.
“There must be closure and accountability to erase this shameful stain on Britain’s conscience,” said Matthew Jury of McCue Jury and Partners, a law firm backing the claim.
A Cabinet Office spokesman said the government did not comment on ongoing legal matters. BA did not respond to a request for comment.
