High Court dismisses first test case in second wave of Mau Mau claims – Litigation Futures

Posted August 13th, 2018 in colonies, delay, limitations, news, personal injuries, torture by sally

‘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.’

Full Story

Litigation Futures, 10th August 2018

Source: www.litigationfutures.com

The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog

Posted August 8th, 2018 in colonies, Kenya, limitations, news, personal injuries, torture by tracey

‘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.’

Full Story

UK Human Rights Blog, 7th August 2018

Source: ukhumanrightsblog.com

Kenyan “Mau Mau” claim dismissed: Fair trial not possible because of half century delay – UK Human Rights Blog

Posted August 6th, 2018 in colonies, compensation, Kenya, news, torture by sally

‘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.’

Full Story

UK Human Rights Blog, 6th August 2018

Source: ukhumanrightsblog.com

Windrush scandal: Compensation could be capped under proposed scheme – BBC News

Posted July 20th, 2018 in citizenship, colonies, compensation, immigration, news by tracey

‘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”.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Windrush victims detained ‘unlawfully’ by Home Office – BBC News

Posted July 2nd, 2018 in colonies, detention, immigration, news, reports, select committees by sally

‘Immigration officials detained members of the Windrush generation “unlawfully and inappropriately” despite their right to be in the UK, MPs have found.’

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BBC News, 29th June 2018

Source: www.bbc.co.uk

Windrush lessons learned review – Home Office

Posted June 22nd, 2018 in citizenship, colonies, compensation, immigration, press releases by tracey

‘Wendy Williams, one of Her Majesty’s Inspectors of Constabulary will have oversight of the Windrush lessons learned review, the Home Secretary announced today.

Full press release

Home Office, 21st June 2018

Source: www.gov.uk/home-office

Could the Windrush Scheme be open to legal challenge? – UK Human Rights Blog

Posted May 29th, 2018 in appeals, citizenship, colonies, judicial review, news by sally

‘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.’

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UK Human Rights Blog, 29th May 2018

Source: ukhumanrightsblog.com

‘It’s destroyed my life’: Windrush victim recognised as legal citizen after 13 years – The Guardian

Posted May 11th, 2018 in citizenship, colonies, government departments, immigration, news by sally

‘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.’

Full Story

The Guardian, 10th May 2018

Source: www.theguardian.com

MPs urge May to resolve immigration status of Windrush children – The Guardian

Posted April 16th, 2018 in citizenship, colonies, immigration, news by tracey

‘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”.’

Full Story

The Guardian, 16th April 2018

Source: www.theguardian.com

Mau Mau rebellion victims claim parliament was misled over torture – The Guardian

Posted May 24th, 2016 in colonies, compensation, Kenya, news, parliament, torture, victims by sally

‘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.’

Full story

The Guardian, 23rd May 2016

Source: www.guardian.co.uk

The dark face of our imperial past – UK Human Rights Blog

Posted November 30th, 2015 in armed forces, colonies, delay, human rights, inquests, inquiries, jurisdiction, news by sally

‘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.’

Full story

UK Human Rights Blog, 30th November 2015

Source: www.ukhumanrightsblog.com

1948 Malayan killings case reaches UK Supreme Court – BBC News

‘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.’

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BBC News, 22nd April 2015

Source: www.bbc.co.uk

No duty to investigate in respect of civilian deaths in Malaya in 1948 – UK Human Rights Blog

Posted March 21st, 2014 in armed forces, colonies, emergency powers, human rights, inquiries, news by sally

‘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.’

Full story

UK Human Rights Blog, 20th March 2014

Source: www.ukhumanrightsblog.com

Court of Appeal judges to rule on 1948 Malaya ‘massacre’ – BBC News

Posted March 19th, 2014 in appeals, armed forces, colonies, human rights, inquiries, news, public interest by tracey

‘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.’

Full story

BBC News, 19th March 2014

Source: www.bbc.co.uk

UK governments blocked investigations into Malaysian massacre cover-up – The Guardian

Posted November 27th, 2013 in appeals, armed forces, colonies, government departments, homicide, inquiries, news, police by tracey

‘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.’

Full story

The Guardian, 26th November 2013

Source: www.guardian.co.uk

UK to expect more colonial-era compensation claims – The Guardian

Posted June 10th, 2013 in colonies, compensation, human rights, Kenya, news, torture by sally

“Following news of payments over Mau Mau insurgency, more claims likely from Kenya, Cyprus and other former colonies.”

Full story

The Guardian, 6th June 2013

Source: www.guardian.co.uk

Mau mau torture claims against Foreign Office not time barred rules High Court – UK Human Rights Blog

Posted October 8th, 2012 in colonies, Kenya, news, time limits, torture by sally

“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.”

Full story

UK Human Rights Blog, 5th October 2012

Source: www.ukhumanrightsblog.com

Mau Mau uprising: Kenyans win UK torture ruling – BBC News

Posted October 5th, 2012 in armed forces, colonies, Kenya, news, time limits, torture by tracey

“Three Kenyans who were tortured by British colonial authorities can proceed with their legal claims against the UK government, a court has ruled.”

Full story

BBC News, 5th October 2012

Source: www.bbc.co.uk

Mau Mau torture court ruling awaited by Kenyans – BBC News

Posted October 5th, 2012 in armed forces, colonies, Kenya, news, time limits, torture by tracey

“Three Kenyans once tortured by British colonial authorities are to learn if they can proceed with their legal claims against the British government.”

Full story

BBC News, 5th October 2012

Source: www.bbc.co.uk

No public inquiry into alleged 1948 massacre by British troops, yet – UK Human Rights Blog

Posted September 21st, 2012 in armed forces, colonies, homicide, inquiries, judicial review, news by tracey

“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.”

Full story

UK Human Rights Blog, 21st September 2012

Source: www.ukhumanrightsblog.com