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29 May 2015 / Richard Scorer
Issue: 7654 / Categories: Features , Personal injury
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War games

Members of the armed forces should have recourse to the courts, argues Richard Scorer

“None have [sic] succeeded in defeating the armed forces of the UK. Napoleon and Hitler could not. But where these enemies failed, our own legal institutions threaten to succeed.” This was the stark conclusion of The Fog of Law, a report originally published in 2013 by the think tank Policy Exchange. The report asserted that judicial decisions—involving the Human Rights Act 1998 (HRA 1998) and negligence claims by injured soldiers against the Ministry of Defence—had “undermined the armed forces ability to operate effectively on the battlefield”. The report sparked a fierce debate, and led to last year’s report from the House of Commons Defence Select Committee UK Armed Forces Personnel and the Legal Framework for Future Operations. The Select Committee report reiterated some of the concerns expressed in the Fog of Law. But until now these arguments have had relatively little political traction—not least because one of the parties in the coalition government was firmly committed to upholding

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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