Iraq soldier families can bring negligence but not human rights claims – UK Human Rights Blog

Posted November 9th, 2012 in armed forces, human rights, negligence, news, state immunity by tracey

“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365

Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’.  The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.

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UK Human Rights Blog, 9th November 2012