header-logo header-logo

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

In the line of fire

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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll