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

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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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