Tag Archives: Armed forces
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
Al Skeini and Others, Regina (on the Application of) -v- Secretary of State for Defence and Another; Admn 14-Dec-2004
Several dependants of persons killed in Iraq by British troops claimed damages.Held: The court considered extensively the scope and applicability of article 1 duties. In general an English court would have no jurisdiction over deaths abroad at the hands of … Continue reading
Filed under Armed Forces, Coroners, Human Rights, Jurisdiction
Secretary of State for Defence -v- Al-Skeini and others (The Redress Trust Intervening); HL 13-Jun-2007
The claimants said that mistreatment in Iraq by members of the Armed Forces had led to deaths and serious injury.Held: The acts of a UK public authority were subject to the human rights convention outside the UK, but only where … Continue reading
Filed under Armed Forces, Human Rights
