‘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 Afghanistan.’
Judges:
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes
Citations:
[2017] UKSC 1, [2017] 3 All ER 179, [2017] WLR(D) 49, [2017] AC 649, [2017] 2 WLR 287, UKSC 2015/0002
Links:
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary
Statutes:
Crown Proceedings Act 1947 2(1), Human Rights Act 1998 Sch 1, Pt I, art 6
Jurisdiction:
England and Wales
Citing:
Appeal from – Mohammed and Others v Secretary of State for Defence CA 30-Jul-2015
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 . .
See Also – Al-Waheed v Ministry of Defence SC 17-Jan-2017
‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. . .
Cited by:
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Cited – Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate SC 24-Sep-2019
Prerogative act of prorogation was justiciable.
The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, International
Updated: 05 August 2022; Ref: scu.573214
