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23 September 2016
Issue: 7715 / Categories: Case law , Law digest , In Court
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Human rights

Al-Saadoon and others v Secretary of State for Defence [2016] EWCA Civ 811, [2016] All ER (D) 32 (Sep)

The Court of Appeal substantially upheld the judge’s decision on preliminary issues arising in civil claims involving allegations of ill-treatment, unlawful detention and unlawful killing of Iraqi civilians by British soldiers. However, the judge had erred in finding that there was a principle of extraterritorial jurisdiction under Art 1 of the European Convention on Human Rights to the effect that whatever and whenever a party to the Convention used physical force, it had to do so in a way that did not violate Convention rights.

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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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