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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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