header-logo header-logo

In the line of fire

18 June 2009 / Glynis Craig
Issue: 7374 / Categories: Features , Public , Human rights
printer mail-detail

Glynis Craig says all soldiers have human rights

For the first time a domestic court has considered whether members of the British Armed Services serving abroad are under the jurisdiction of the UK for the purposes of the Human Rights Act (HRA 1998).

On 19 May 2009, the Court of Appeal handed down judgment in the case of Secretary of State for Defence v R (Catherine Smith) and HM Assistant Deputy Coroner for Oxfordshire and Equality and Human Rights Commission (Intervener) [2009] EWCA Civ 441, [2009] All ER (D) 152 (May).

The Equality and Human Rights Commission intervened in the case to argue that, as UK soldiers are serving abroad under the jurisdiction of the UK government, they should also receive the protection granted to other British citizens.

The court found that these soldiers were protected by the European Convention on Human Rights (the Convention) and HRA 1998 whether they were physically on an armed forces base or elsewhere. As a result, the Ministry of Defence (MoD) will have to provide

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll