Category: armed forces

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 20th, 2009 in armed forces, human rights, inquests, law reports by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2009] EWCA Civ 441

“A British soldier on military service in Iraq was subject to the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and as such benefited from the rights guaranteed by the Human Rights Act 1998. An inquest held into the soldier’s death was to be an enhanced inquest conforming to the procedural requirements of the right to life in art 2 of the Convention.”

WLR Daily, 19th May 2009

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MoD facing compensation claims after legal ruling – Daily Telegraph

Posted May 19th, 2009 in armed forces, compensation, human rights, news by sally

“The Ministry of Defence is facing a flood of compensation claims from families of servicemen who have been killed in Iraq and Afghanistan after a landmark legal ruling that they are covered by human rights laws.”

Full story

Daily Telegraph, 19th May 2009

Source: www.telegraph.co.uk

Human Rights Act will hamper soldiers in action, warns MoD – Independent on Sunday

Posted May 18th, 2009 in armed forces, human rights, news by sally

“The Ministry of Defence is bracing itself for defeat with a landmark court ruling tomorrow on whether Britain’s soldiers, sailors and airmen should be protected under the Human Rights Act while they serve abroad.”

Full story

Independent on Sunday, 17th May 2009

Source: www.independent.co.uk

MoD loses soldiers’ rights appeal – The Independent

Posted May 18th, 2009 in armed forces, human rights, news by sally

“Soldiers serving abroad are protected by Human Rights laws, the Court of Appeal ruled today in a controversial landmark judgment.”

Full story

The Independent, 18th May 2009

Source: www.independent.co.uk

Iraqi looters awarded £1m compensation – Sunday Telegraph

Posted May 18th, 2009 in armed forces, compensation, Iraq, news by sally

“Nine Iraqi civilians who were abused by British troops have been awarded almost £1 million in compensation, it can be revealed.”

Full story

Sunday Telegraph, 17th May 2009

Source: www.telegraph.co.uk

Iraq inquiry: military police chief ordered before judges – The Guardian

Posted May 15th, 2009 in armed forces, disclosure, Iraq, murder, news by sally

“The government’s most senior lawyer and the head of the military police have been ordered to the high court tomorrow to explain why they have failed to release documents about the aftermath of a fierce gunfight in Iraq when British troops are accused of mutilating and murdering civilians.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

Minister rejects calls for Deepcut deaths inquiry – The Guardian

Posted May 15th, 2009 in armed forces, inquests, news by sally

“The armed forces minister, Bob Ainsworth, rejected calls for a public inquiry into the deaths of four army recruits at the Deepcut barracks today after the publication of official investigations into two of the deaths.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

New evidence over Deepcut deaths, says family – The Guardian

Posted May 13th, 2009 in armed forces, inquests, news by sally

“An official investigation into the death of an army recruit at the infamous Deepcut barracks contains new evidence that should be put before a coroner’s court or an independent inquiry, the father of the young soldier said today.”

Full story

The Guardian, 12th May 2009

Source: www.guardian.co.uk

Navy officer loses racism claim – BBC News

Posted May 8th, 2009 in armed forces, news, race discrimination by sally

“A black Royal Navy officer has lost his claim for racial discrimination

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BBC News, 7th May 2009

Source: www.bbc.co.uk

Home Office rejects all Gurkha residency test cases – The Guardian

Posted May 7th, 2009 in armed forces, Gurkhas, immigration, news by sally

“Gurkha rights campaigners today accused Gordon Brown of betrayal after learning that all five test cases of applications to stay in Britain have been rejected by the Home Office.”

Full story

The Guardian, 7th May 2009

Source: www.guardian.co.uk

Inquests into the deaths of service personnel in operations and exercises overseas – Ministry of Justice

Posted May 6th, 2009 in armed forces, inquests, news by sally

“Justice Minister Bridget Prentice has made a written ministerial statement about the deaths of servicemen and women overseas.”

Full story

Ministry of Justice, 5th May 2009

Source: www.justice.gov.uk

Foreign Office to propose self-regulation for private military firms – The Guardian

Posted April 24th, 2009 in armed forces, news, security companies by sally

“The fast-expanding industry of private military companies, some of which have been engaged in highly controversial activities, should be self-regulating, the government is to propose.”

Full story

The Guardian, 24th April 2009

Source: www.guardian.co.uk

British troops ‘breached human rights laws’ during Iraqi interrogations – The Times

Posted April 23rd, 2009 in armed forces, human rights, Iraq, news by sally

“British troops were accused at the High Court yesterday of using interrogation techniques on Iraqi civilian detainees that breached human rights laws.”

Full story

The Times, 23rd April 2009

Source: www.timesonline.co.uk

Families of RAF Hercules victims issue negligence writ against MoD – The Guardian

Posted April 16th, 2009 in armed forces, negligence, news by sally

“The families of 10 British servicemen killed when their RAF Hercules was shot down in Iraq have issued a high court writ accusing the Ministry of Defence of negligence, breach of a duty of care and failing to comply with article two of the European convention on human rights, which enshrines the right to life.”

Full story

The Guardian, 15th April 2009

Source: www.guardian.co.uk

Regina (Bunce) v Pensions Appeal Tribunal and Another – Times Law Reports

Posted April 15th, 2009 in armed forces, disabled persons, law reports, pensions by sally

Regina (Bunce) v Pensions Appeal Tribunal and Another

Court of Appeal

“On an appeal against an interim assessment by the Ministry of Defence of the degree of a person’s disability, the Pensions Appeal Tribunal did not have jurisdiction to challenge either the existence of the disability or whether the disability was attributable to service in the Armed Forces.”

The Times, 15th April 2009

Source: www.timesonline.co.uk

R (Bunce) v Pensions Appeal Tribunal and another – WLR Daily

Posted April 9th, 2009 in armed forces, disabled persons, jurisdiction, law reports, pensions, tribunals by sally

R (Bunce) v Pensions Appeal Tribunal and another [2009] EWCA Civ 451; [2009] WLR (D) 134

“The Pensions Appeal Tribunal did not, on an appeal against the defence secretary’s interim assessment of the degree of a person’s disability under s 5(1) of the Pensions Appeal Tribunals Act 1943, as amended, have jurisdiction to challenge the existence of the disability nor whether that disability was attributable to service in the armed forces.”

WLR Daily, 8th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sex offenders ‘serving in forces’ – BBC News

Posted April 6th, 2009 in armed forces, news, sexual offences by sally

“Some 32 registered sex offenders are serving in the armed forces, the Ministry of Defence has confirmed.”

Full story

BBC News, 5th April 2009

Source: www.bbc.co.uk

Gurkhas resume settlement battle – BBC News

Posted March 26th, 2009 in armed forces, Gurkhas, news by sally

“The government may be ‘humiliated’ into complying with a timetable to change its immigration policy on Gurkha veterans, a solicitor has said.”

Full story

BBC News, 26th March 2009

Source: www.bbc.co.uk

Searching for answers at Deepcut Barracks – The Times

Posted March 19th, 2009 in armed forces, inquests, inquiries, news by sally

“Four young soldiers died at Deepcut Barracks between 1995 and 2002: Sean Benton on June 9, 1995, Cheryl James on November 27, 1995, Geoff Gray on September 17, 2001, and James Collinson on March 23, 2002.”

Full story

The Times, 19th March 2009

Source: www.timesonline.co.uk

Gurkhas demand government action – BBC News

Posted March 17th, 2009 in armed forces, Gurkhas, immigration, news by sally

“Former Gurkha soldiers who are fighting for the right to settle in the UK are seeking a High Court injunction to force the government to take action.”

Full story

BBC News, 17th March 2009

Source: www.bbc.co.uk