The mother of a soldier claimed after he had died in an attack while serving in Iraq. She asserted that if he had had proper equipment his life would not have been.
Held: Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury would be justiciable here.
Judges:
Lord Neuberger PSC, Moses, Rimer LJJ
Citations:
[2012] EWCA Civ 1365, [2013] HRLR 2, [2012] WLR(D) 281, [2013] 1 All ER 778, [2013] 2 WLR 27, [2013] PIQR P3
Links:
Statutes:
European Convention on Human Rights 2
Jurisdiction:
England and Wales
Armed Forces, Personal Injury, Human Rights, Negligence
Updated: 05 November 2022; Ref: scu.465045