header-logo header-logo

Home Login E-newsletter About us
22 October 2009 / Robert Latham
Issue: 7390 / Categories: Features , Public
printer mail-detail

Public rights & wrongs

© Copyright LexisNexis 2026. All Rights Reserved.

Robert Latham reports on disclosure, cross-examination & equality

R(Al-Sweady and Others) v Secretary of State for Defence [2009] EWHC 2387 Admin (2 October 2009) raised hotly contested issues of fact as to whether members of the British army killed or tortured Iraqis, whom they had taken prisoner on 14 May 2004.

The claimants contended that the rights of the prisoners under Arts 2, 3 and 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) had been infringed. The extent of the factual disputes and the failure of the secretary of state to give proper disclosure meant that the hearing of the judicial review application lasted for 20 days in April and May 2009 and 10 live witnesses were heard.

The secretary of state finally accepted that he could not give the reassurance that all material documents had been disclosed. The claimants then obtained the relief they sought, namely a fresh investigation into the allegations of murder and torture sufficient to comply with Arts 2 and 3

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

Read All
Sponsored by
NLJ Career Profile: Ling Ong, London Market FOIL

NLJ Career Profile: Ling Ong, London Market FOIL

Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

Penningtons Manches Cooper—five promotions

Penningtons Manches Cooper—five promotions

Firm boosts partnership and costs practice with five senior promotions

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll