header-logo header-logo

01 August 2013 / Richard Scorer
Issue: 7571 / Categories: Features , Personal injury
printer mail-detail

The judicialisation of war?

Does the Snatch Land Rover case place too many battlefield obligations on the MoD? Richard Scorer reports

The recent decision of the Supreme Court in Smith and Others v The Ministry of Defence [2013] UKSC 41 has attracted fierce criticism from many commentators who feel that the case takes human rights remedies a step too far. One observer argues that the decision effectively destroys the longstanding notion of combat immunity and makes the Ministry of Defence (MoD) susceptible to legal regulation whenever deaths or injuries occur on the battlefield—so much so as to raise the spectre of soldiers securing injunctions to stop or halt combat operations until the MoD can prove that the operation is adequately planned and resourced.

But does the decision really do this? The Smith case concerned the deaths of three British soldiers killed in Iraq and the suffering by two other young servicemen of serious injuries. The soldiers either had to carry out high risk activities in poorly armoured Snatch Land Rovers, which were struck by improvised explosive devices, or were

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll