header-logo header-logo

27 May 2016
Issue: 7700 / Categories: Case law , Law digest , In Court
printer mail-detail

Limitation of action

Ministry of Defence v Iraqi Civilians [2016] UKSC 25, [2016] All ER (D) 88 (May)

The Supreme Court dismissed an appeal by Iraqi claimants, who alleged that they had suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq, against a decision by the Court of Appeal in which it had found in favour of the Ministry of Justice that an English court was bound to disregard any impediment arising from Coalition Provisional Authority (CPA) Order 17 because that order was not a law with respect to limitation which the English courts were bound to apply. The court ruled that the Court of Appeal had been right to say that CPA Order 17 had no legal effect in an English court. It ruled that, in the English proceedings, the relevant law was the Foreign Limitation Periods Act 1984. The CPA Order 17 had no relevance to English proceedings because it had no application outside Iraq and had never impeded resort to the English court.

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

DWF—David Kennedy

DWF—David Kennedy

DWF appoints new major injury and casualty partner in Dublin

Keystone Law—12 appointments

Keystone Law—12 appointments

Keystone Law reinforces full-service offering with 12 partner appointments

Haynes Boone—Linton Bloomberg

Haynes Boone—Linton Bloomberg

Linton Bloomberg joins Haynes Boone's London office, expanding cross-border restructuring capabilities

NEWS
Sole practitioners and small firms are struggling due to the pressure of recruitment issues and excessive regulation, the Law Society has warned
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Refusing mediation need not trigger a costs penalty, but litigators must justify their position
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
back-to-top-scroll