Tag Archives: Armed forces
Mousa, Regina (on The Application of) -v- Secretary of State for Defence and Another; Admn 21-Dec-2010
Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European … Continue reading
Filed under Administrative, Armed Forces, Human Rights
Stephen Jordan (No 2) -v- The United Kingdom; ECHR 10-Dec-2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal … Continue reading
Filed under Armed Forces, Human Rights
Regina (A and others) (Widgery Soldiers) -v- Lord Saville of Newdigate and Others; CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define … Continue reading
Filed under Administrative, Armed Forces, Human Rights
Engel And Others -v- The Netherlands (1); ECHR 8-Jun-1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged … Continue reading
Filed under Armed Forces, Human Rights, Prisons
Tabernacle -v- Secretary of State for Defence; CA 5-Feb-2009
The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.Held: The bye-laws violated the claimant’s right to freedom of assembly and of expression. The respondent’s objections … Continue reading
Filed under Armed Forces, Crime, Human Rights
Marshall and Others -v- Deputy Governor of Bermuda and Others; PC 24-May-2010
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of woment should be considered before conscription … Continue reading
Filed under Armed Forces, Commonwealth
Rayment -v- Ministry of Defence; QBD 18-Feb-2010
The claimant sought damages alleging harassment by officers employed by the defendant. An internal investigation had revealed considerable poor behaviour by the senior officers, and that was followed by hostile behaviour. The defendant had put up pornographic pictures in the … Continue reading
Filed under Armed Forces, Torts - Other
A -v- Ministry of Defence; Re A (A Child); CA 7-May-2004
The wife of a British Army soldier serving in Germany delivered a premature baby, ‘A’, with a German obstetrician in a German hospital. A suffered brain damage in the birth as a result of the obstetrician’s negligence. The mother claimed … Continue reading
Filed under Armed Forces, Negligence
Barrett -v- Ministry of Defence; CA 3-Jan-1995
The deceased was an off-duty naval airman. The claim was based upon the alleged negligent failure of the defendant to enforce disciplinary regulations against drunkenness so as to protect the deceased against his own known proclivity for alcohol abuse.Held: The … Continue reading
Filed under Armed Forces, Negligence
Mulcahy -v- Ministry of Defence; CA 27-Feb-1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he … Continue reading
Filed under Armed Forces, Health and Safety, Human Rights
