Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: CA 22 Nov 2011


The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of related inquiries before deciding. The applicant was particularly unhappy at the involvement of the Army Provost branch in the separate inquiry, which he said would go against its independence.
Held: The appeal succeeded. It had not been shown that the IHAT enquiry would have sufficient independence.
Maurice Kay VP, Sullivan, Pitchford LJJ
[2011] EWCA Civ 1334
England and Wales
Appeal fromMousa, 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 . .
CitedLawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
CitedStephen 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 system was . .
CitedAmin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
MentionedJL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .

These lists may be incomplete.
Updated: 18 March 2021; Ref: scu.448408