header-logo header-logo

HRA 1998: who benefits?

15 July 2010 / Richard Scorer
Issue: 7426 / Categories: Features , Personal injury
printer mail-detail

Richard Scorer considers the lessons & consequences of Smith

The issue of whether British soldiers serving overseas should have the benefit of the Human Rights Act 1998 (HRA 1998) was considered by the Supreme Court in a judgment delivered on 30 June 2010 (R (on the application of Smith) v Secretary of State for Defence [2010] UKSC 29, [2010] All ER (D) 261 (Jun)). The issue has provoked much media debate, including some ill informed comment in the tabloid press.

The case before the Supreme Court arose from the death in Iraq in 2003 of Private Jason Smith. Private Smith joined the Territorial Army in 1992, at age 21, and was mobilised for service in Iraq in June 2003. On 26 June 2003, after an acclimatisation spell in Kuwait, he arrived at Camp Abu Naji, his base in Iraq. From there he was moved to an old athletics stadium some 12 kilometres away, where a number of British soldiers were billeted.

Temperatures in Iraq in summer regularly exceed 55 degrees centigrade and on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll