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War—Prisoners of war

05 September 2014
Issue: 7620 / Categories: Case law , Law digest , In Court
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R (on the application of Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087, [2014] All ER (D) 298 (Jul)

The claimant sought judicial review of the defendant secretary of state’s policy, authorising "challenge direct" for use in the interrogation of persons captured by UK forces in situations of armed conflict. The divisional court dismissed the application and the claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the conduct authorised by the policy did not constitute inhumane treatment, coercion, threatening or insulting conduct, or unpleasant or disadvantageous behaviour. Further, there was nothing inherent in the policy which gave rise to an unacceptable risk of unlawful conduct. In any event, the claimant lacked standing to bring the proceedings.

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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

NEWS
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Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
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In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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