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22 October 2009 / Robert Latham
Issue: 7390 / Categories: Features , Public
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Public rights & wrongs

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

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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