Supreme Court gives the go ahead for negligence and human rights claims for British servicemen deaths in Iraq

UK Human Rights Blog

Snatch-Land-Rover_1113235cSmith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) [2013] UKSC 41 – read judgment

The Court has ruled that the negligence claims taken by the families of servicemen injured or killed in Iraq should not be struck out on the ground of combat immunity, and that they were within the UK’s jurisdiction for the purposes of the Convention at the time of their deaths.

The effect of the Court’s decision is that all three sets of claims may proceed to trial. The following summary is based on the Supreme Court’s press report; a full analysis of the judgment will be posted shortly.

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