Appeal arising from the determination of preliminary issues in relation to claims arising out of the detention of the claimant by Her Majesty’s armed forces in 2010 in Afghanistan. They were acting as part of the International Security Assistance Force a multinational force under NATO command that was deployed to assist the Afghan Government in the maintenance of security in Afghanistan and to fight the insurgency led by the Taliban and others. HM armed forces believed he posed a threat to their safety and to the achievement of the ISAF mission.
Held: Crown act of state is a nuanced defence, applicable only where ‘there are compelling considerations of public policy which require the court to deny a claim founded on an act of the Executive performed abroad’ (para 359), with the result that there must be a trial on the facts on the issue of Crown act of state.
Judges:
Lord Thomas of Cwmgiedd CJ, Lloyd Jones and Beatson LJJ
Citations:
[2015] EWCA Civ 843, [2016] 2 WLR 247, [2015] HRLR 20, [2015] WLR(D) 354
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Rahmatullah (No 2) v Ministry of Defence and Another SC 17-Jan-2017
‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and . .
Lists of cited by and citing cases may be incomplete.
Armed Forces, Torts – Other
Updated: 12 April 2022; Ref: scu.550943
