Continue reading "Human Rights Act: Claims can proceed for soldiers’ deaths in Iraq"
Human Rights Act: Claims can proceed for soldiers’ deaths in Iraq
Robert Weir QC discuss the recent decision of the Supreme Court in Smith v Ministry Of Defence ‘It is one thing to say that higher level decisions may fall outwith article 2 and another to translate that general guidance into a determination on the facts of a particular case as to whether the claim made …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Al-Skeini v UK [2011] ECHR 1093
- R (Smith) v Oxfordshire Assistant Deputy Coroner [2011] 1 AC 1
- Smith v The Ministry of Defence [2013] UKSC 41