The Supreme Court and the Rule of Law – Speech by Lord Neuberger
The Supreme Court and the Rule of Law (PDF)
Lord Neuberger
The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014
Source: www.supremecourt.uk
Category: armed forces
MoD faces legal fight over recruitment of child soldiers – The Independent
‘Campaigners are taking legal action against the Ministry of Defence today to demand the nation’s youngest soldiers are not forced into serving longer than adult recruits.’
The Independent, 8th October 2014
Source: www.independent.co.uk
European Convention on Human Rights: What has it ever done for us? – The Independent
‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’
The Independent, 3rd October 2014
Source: www.independent.co.uk
Speech by Lord Justice Gross: RAF Legal Services Conference – Judiciary of England and Wales
Speech by Lord Justice Gross: RAF Legal Services Conference (PDF)
RAF Legal Services Conference, 18th September 2014
Source: www.judiciary.gov.uk
Defence ministry agrees to provide court information to reporters – The Guardian
‘Two days ago I reported that the Military Court Service (MCS) had been withholding from journalists vital information about trials. Now, it would appear, there has been a climbdown or, to quote the official version of events, an announcement that a review of the system has resulted in a change of mind.’
The Guardian, 17th September2014
Source: www.guardian.co.uk
SAS selection deaths: inquest delayed until 2015 – BBC News
‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’
BBC News, 16th September 2014
Source: www.bbc.co.uk
Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph
‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’
Daily Telegraph, 12th September 2014
Source: www.telegraph.co.uk
Jamie Shadrake: Wrexham soldier unlawful killing inquest verdict – BBC News
‘A Wrexham soldier killed in Afghanistan was unlawfully killed in an “intense” attack by insurgents, an inquest found.’
BBC News, 2nd September 2014
Source: www.bbc.co.uk
Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog
‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’
UK Human Rights Blog, 18th August 2014
Source: www.ukhumanrightsblog.com
Regina (Hussein) v Secretary of State for Defence – WLR Daily
Regina (Hussein) v Secretary of State for Defence [2014] EWCA Civ 1087; [2014] WLR (D) 361
‘The policy of the Secretary of State for Defence permitting a technique involving the use of shouting by the armed forces when questioning captured persons was compatible with international law and did not inherently give rise to an unacceptable risk of breaching international law, in particular the prohibitions on inhumane treatment, threats, insults, or unpleasant or disadvantageous treatment under the Geneva Conventions.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog
‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’
UK Human Rights Blog, 27th July 2014
Source: www.ukhumanrightsblog.com
New Deepcut inquest to be held into death of Cheryl James – BBC News
‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’
BBC News, 18th July 2014
Source: www.bbc.co.uk
Lee Rigby killer Michael Adebowale allowed to appeal – BBC News
‘Michael Adebowale, who was given a 45-year prison sentence for the murder of soldier Lee Rigby, has been given permission to appeal against his sentence.’
BBC News, 15th July 2014
Source: www.bbc.co.uk
British soldier with mental disorder extradited to US – The Guardian
‘A British soldier with post-traumatic stress disorder said he had been disowned by the British government as he was extradited to the United States on Thursday.’
The Guardian, 3rd July 2014
Source: www.guardian.co.uk
Chilcot report into 2003 Iraq conflict delayed further – The Guardian
‘The Chilcot inquiry, which is expected to contain damning criticism of the way Tony Blair and his close advisers led Britain into war against Iraq, is unlikely to be published until next year, the Guardian has learned.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
‘Monster’ sergeant major jailed for sexually assaulting lesbian soldier – Daily Telegraph
‘A “monster” sergeant major has been jailed for two-and-a-half years for sexually assaulting a lesbian soldier following a drink-fuelled party, in an attack which left her considering suicide.’
Daily Telegraph, 12th June 2014
Source: www.telegraph.co.uk
Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association
‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’
UK Constitutional Law Association, 2nd June 2014
Source: www.ukconstitutionallaw.org
Unlawful detention overseas: is it time to review operations? – Halsbury’s Law Exchange
‘Mohammed v Ministry of Defence and other claims raised the question of whether the UK Government had any right in law to imprison people in Afghanistan; and, if so, what was the scope of that right. The claimant was captured by UK armed forces during a military operation in Afghanistan. He was imprisoned on British military bases in Afghanistan for some time when he was transferred into the custody of the Afghan authorities. The claimant claimed that his detention by UK armed forces was unlawful (a) under the Human Rights Act 1998 (HRA 1998) and (b) under the law of Afghanistan. The Queen’s Bench Division held that his extended detention for a total of 106 days beyond the 96 hours permitted by policy was not authorised and was contrary to both Afghan law and the European Convention on Human Rights (ECHR).’
Halsbury’s Law Exchange, 27th May 2014
Source: www.halsburyslawexchange.co.uk
MoD denies access to files for Deepcut soldier’s family – The Guardian
‘The family of a teenage soldier who died after being shot twice in the head at the Deepcut barracks have been denied access to a cache of files they believe could shed light on his death, the Guardian can reveal.’
The Guardian, 26th May 2014
Source: www.guardian.co.uk
Marine loses appeal against murder conviction – The Guardian
‘A Royal Marine found guilty of murdering a badly injured Taliban insurgent has lost his fight to clear his name.’
The Guardian, 22nd May 2014
Source: www.guardian.co.uk
