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 that the jurisdictional immunity which CPA 17 afforded for acts which occurred before 31 December 2008 was of enduring effect. It therefore it was been impossible for any of the Claimants in this litigation to bring their claims in the Iraqi courts.

Leggatt J
[2015] EWHC 116 (QB)
Foreign Limitation Periods Act 1984
England and Wales
Cited by:
Appeal from QBDMinistry 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’ . .
At QBDMinistry 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 . .

Lists of cited by and citing cases may be incomplete.

Limitation, International

Updated: 27 December 2021; Ref: scu.541766