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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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