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Ministry of Defence v Iraqi Civilians: CA 9 Dec 2015

‘This appeal raises a short but elusive point concerning the manner in which the English Court applies a foreign law relating to limitation when required to do so by section 1 of the Foreign Limitation Periods Act 1984’ Lord Dyson MR, Tomplinson, Vos LJJ [2015] EWCA Civ 1241, [2015] WLR(D) 515, [2016] 1 WLR 1290, … Continue reading Ministry of Defence v Iraqi Civilians: CA 9 Dec 2015

Iraqi Civilian Litigation v Ministry of Defence: QBD 26 Jan 2015

The court considered limitation issues as an interim issue in this claim and particularly as it was affected by Iraqi law. Held: The effective period of CPA 17 ended on 31 December 2008. No claim had been brought relating to any alleged act or omission of British Forces after 31 December 2008. It was agreed … Continue reading Iraqi Civilian Litigation v Ministry of Defence: QBD 26 Jan 2015

Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Iraqi citizens claimed to have suffered unlawful detention and/or physical maltreatment from British armed forces in Iraq between 2003 and 2009. The claims were brought in tort in England against the Ministry of Defence, but the torts were governed by Iraqi law. Under the 1984 Act where a claim is brought in England but governed … Continue reading Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001