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14 August 2015
Issue: 7665 / Categories: Case law , Law digest , In Court
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Human rights

Mohammed and others v Secretary of State for Defence; Rahmatullah and another v Ministry of Defence and another; sub nom Re Iraqi Civilian Litigation [2015] EWCA Civ 843, [2015] All ER (D) 331 (Jul)

The claimants issued proceedings in tort, under the Human Rights Act 1998 and public law claims concerning their detention by British armed forces in Afghanistan and Iraq for longer than 96 hours. The judge’s findings included that the act of state defence applied to the tort claims. The Court of Appeal, Civil Division, held that the application of the act of state defence required compelling considerations of public policy which would require the court to deny a claim in tort founded on an act of the executive performed abroad.

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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