“Whether a soldier on the battlefield has the right to life is to be debated by the highest court in the UK in a landmark case that is likely to have major ramifications for the armed forces, The Independent has learned.”
The Independent, 10th November 2012
Source: www.independent.co.uk
“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.“
UK Human Rights Blog, 9th November 2012
Source: www.ukhumanrightsblog.com
“Companies that discriminate against members of the Territorial Army could be sued under the same kind of laws that protect women and ethnic minorities, ministers have revealed.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”
WLR Daily, 19th October 2012
Source: www.iclr.co.uk
Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280
“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
“Relatives of soldiers killed in Iraq have secured a victory in the latest round of a compensation fight with ministers.”
The Guardian, 19th October 2012
Source: www.guardian.co.uk
“The former chief legal adviser to the army in Iraq has said the UK’s complicity in the unlawful treatment of detainees was ‘institutional’ and must be wiped out to prevent future abuses by British troops.”
The Guardian, 19th October 2012
Source: www.guardian.co.uk
“The families of four UK soldiers killed in Iraq are to find out later whether they can sue the Ministry of Defence.”
BBC News, 19th October 2012
Source: www.bbc.co.uk
“Five Royal Marines have been charged with murder over an incident in Afghanistan in 2011, the MoD has said.”
BBC News, 14th October 2012
Source: www.bbc.co.uk
“The Ministry of Defence says an investigation will be launched into claims that an inquiry it set up to examine whether British troops abused Iraqi prisoners has become ‘little more than a whitewash’.”
The Guardian, 11th October 2012
Source: www.guardian.co.uk
“A man who posted a Facebook message following the deaths of six British soldiers which said: ‘All soldiers should die and go to hell’ has been sentenced to a community order and told to pay costs of £300 by magistrates.”
The Guardian, 9th October 2012
Source: www.guardian.co.uk
“Three Kenyans who were tortured by British colonial authorities can proceed with their legal claims against the UK government, a court has ruled.”
BBC News, 5th October 2012
Source: www.bbc.co.uk
“Three Kenyans once tortured by British colonial authorities are to learn if they can proceed with their legal claims against the British government.”
BBC News, 5th October 2012
Source: www.bbc.co.uk
Annual Conference: The Coroners’ Society of England and Wales (PDF)
Speech by His Honour Judge Peter Thornton QC, Chief Coroner
The Coroners’ Society of England and Wales, 21st September 2012
Source: www.judiciary.gov.uk
“The first chief coroner of England and Wales has promised to establish a cadre of specialists to examine deaths in custody and military fatalities.”
The Guardian, 21st September 2012
Source: www.guardian.co.uk
“Chong Nyok Keyu and ors v Secretary of State for Foreign and Commonwealth Affairs and another [2012] EWHC 2445 (Admin).
Although the High Court has rejected an attempt to force the Government to hold a public inquiry into an alleged massacre of unarmed civilians by British troops in 1948, the case represents a further example of the use of the Courts to redress historical grievances.”
UK Human Rights Blog, 21st September 2012
Source: www.ukhumanrightsblog.com
“The parents of one of six British troops killed in the most deadly attack in Helmand were among those horrified to read a Facebook message days later that said ‘all soldiers should die and go to hell’, a court heard.”
The Independent, 14th September 2012
Source: www.independent.co.uk
“A paramedic who allegedly slapped an elderly patient three times across the face was not unfairly dismissed, a tribunal has ruled.”
BBC News, 12th September 2012
Source: www.bbc.co.uk
“A former RAF senior aircraftman from Teesside jailed for his part in a cigarette smuggling operation has been ordered to pay back £80,000.”
BBC News, 11th September 2012
Source: www.bbc.co.uk
© Inner Temple Library 2024