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17 April 2008
Issue: 7317 / Categories: Legal News , Human rights
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MoD defeated on soldiers' human rights

News

Human rights apply to British troops serving abroad, a High Court judge has ruled.

In Smith v The Assistant Deputy Coroner for Oxfordshire, Mr Justice Collins held the Human Rights Act 1998 (HRA 1998) could apply to British servicemen and women “wherever they may be”, and ruled that the families of military personnel should get legal aid and access to military
documents.

The test case involved a request for military inquest guidelines in the inquest of soldier Jason Smith, who died of heatstroke while serving in Iraq. The Ministry of Defence argued that it was
impossible to apply the protection of the HRA 1998 to soldiers on active service.

Defence secretary, Des Browne, issued a separate judicial review of the Oxfordshire coroner’s decision, arguing the phrase “serious failure” was  incompatible with r 42(ii) of the Coroner’s Rules 1984. However, Collins J rejected this argument.

Hodge, Jones and Allen partner, Jocelyn Cockburn, who acted for Smith’s family, says: “The government must take reasonable steps not to put soldiers at increased risk to their life unnecessarily. Where a soldier is killed in circumstances where the state may be to blame then there must be a full inquest into the death. The family must have access to the investigatory process...and the coroner must rule on failings that have occurred so changes can be made to avoid further deaths.”

Issue: 7317 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
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