‘The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013.’
Litigation Futures, 10th August 2018
Source: www.litigationfutures.com
‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.
Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’
UK Human Rights Blog, 7th August 2018
Source: ukhumanrightsblog.com
‘Stewart J has dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s.’
UK Human Rights Blog, 6th August 2018
Source: ukhumanrightsblog.com
‘Compensation promised to the victims of the Windrush scandal could be capped under government proposals. Launching a 12-week consultation on a compensation scheme, the Home Office said a cap would ensure no-one got a “disproportionately high payment”.’
BBC News, 19th July 2018
Source: www.bbc.co.uk
‘Immigration officials detained members of the Windrush generation “unlawfully and inappropriately” despite their right to be in the UK, MPs have found.’
BBC News, 29th June 2018
Source: www.bbc.co.uk
‘Wendy Williams, one of Her Majesty’s Inspectors of Constabulary will have oversight of the Windrush lessons learned review, the Home Secretary announced today.
Home Office, 21st June 2018
Source: www.gov.uk/home-office
‘On 24th May 2018 a new scheme to process citizenship applications for the Windrush generation was announced, after the Government’s apologies last month. The Windrush Scheme guidance explains how this will work in detail.’
UK Human Rights Blog, 29th May 2018
Source: ukhumanrightsblog.com
‘In a rare insight into the workings of Lunar House immigration HQ, Hubert Howard recounts how he lost his job and was denied benefits after the Home Office said he was an illegal migrant.’
The Guardian, 10th May 2018
Source: www.theguardian.com
‘More than 140 MPs from all parties have signed a letter to Theresa May, expressing concern about the many Commonwealth-born, long-term British residents who have been incorrectly identified as illegal immigrants and calling on her to find a “swift resolution of this growing crisis”.’
The Guardian, 16th April 2018
Source: www.theguardian.com
‘The UK’s parliament was misled over the brutal tactics used to suppress the 1950s Mau Mau rebellion in Kenya, the high court has heard.’
The Guardian, 23rd May 2016
Source: www.guardian.co.uk
‘The Supreme Court has ruled that the United Kingdom was not obliged to hold a public inquiry into the shooting in December 1948 during the Malayan Emergency by British troops of 24 unarmed civilians at Batang Kali. The Court held that (1) the lapse of time meant that there was no Article 2 requirement to hold an inquiry; (2) a duty to hold an inquiry could not be implied into common law under the principles of customary international law; and (3) the decision not to hold an inquiry under the Inquiries Act 2005 was not open to challenge on ordinary judicial review principles. However, the Supreme Court did hold that the deaths were within the United Kingdom’s jurisdiction for the purposes of the application of the ECHR.’
UK Human Rights Blog, 30th November 2015
Source: www.ukhumanrightsblog.com
‘Relatives of 24 men killed by British troops in Malaya in 1948 will take their demands for a public inquiry to the Supreme Court later.’
BBC News, 22nd April 2015
Source: www.bbc.co.uk
‘After an interesting analysis of the time limits for claims under Convention in response to a claim made in relation to actions by British soldiers in Malaya in 1948, the Court of Appeal dismissed all their human rights, customary international law and Wednesbury arguments. There was no obligation in domestic law for the state to hold an inquiry into the deaths of civilians killed by British soldiers in colonial Malaya in 1948, even though the Strasbourg Court might well hold that such a duty ensued.’
UK Human Rights Blog, 20th March 2014
Source: www.ukhumanrightsblog.com
‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’
BBC News, 19th March 2014
Source: www.bbc.co.uk
‘British governments blocked two police investigations into the covering up of the killing by British troops of 24 unarmed rubber plantation workers during counterinsurgency operations in Malaysia nearly 65 years ago, the appeal court heard on Tuesday.’
The Guardian, 26th November 2013
Source: www.guardian.co.uk
“Following news of payments over Mau Mau insurgency, more claims likely from Kenya, Cyprus and other former colonies.”
The Guardian, 6th June 2013
Source: www.guardian.co.uk
“Although any claims regarding alleged acts of torture on Kenyan detainees during the 1950s state of emergency are technically time barred the High Court has allowed three of the claims to go ahead.”
UK Human Rights Blog, 5th October 2012
Source: www.ukhumanrightsblog.com
“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
“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
© Inner Temple Library 2018