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27 January 2017
Issue: 7731 / Categories: Case law , Law digest , In Court
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Constitutional law

Belhaj and another v Straw and others; Rahmatullah (No 1) v Ministry of Defence and another [2017] UKSC 3, [2017] All ER (D) 45 (Jan)

The Supreme Court unanimously dismissed the appellant UK officials’ appeals in proceedings concerning their alleged complicity in various torts, allegedly committed by various other states in various overseas jurisdictions against the respondents. The torts alleged included the unlawful detention and rendition, torture or cruel and inhuman treatment and assault. In the circumstances, the appellants were not entitled to rely on state immunity or the doctrine of foreign act of state to defeat the respondents’ claims. Accordingly, the respondents’ cases would proceed to trial.

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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