Danny Nightingale case: court of appeal to rule on jailed SAS soldier – The Guardian

“An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal.”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

Dead soldier’s fiancée wins right to paternity test – The Independent

Posted November 27th, 2012 in armed forces, DNA, news, paternity by sally

“A teenage mother has won the right to have her dead fiancé’s DNA tested to prove that he fathered their child before he was killed on military service in Afghanistan.”

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The Independent, 27th November 2012

Source: www.independent.co.uk

Army culture trains people to ‘keep their mouths shut’ over abuse, judge fears – Daily Telegraph

Posted November 26th, 2012 in armed forces, bullying, complaints, news, sexual offences by sally

“Military staff have been accused of turning a blind eye to bullying after a teenage recruit was sexually assaulted, a judge said today as he warned of a worrying culture of training people to ‘keep their mouths shut’.”

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Daily Telegraph, 26th November 2012

Source: www.telegraph.co.uk

Danny Nightingale: the Attorney’s right, Hammond was wrong – Head of Legal

Posted November 22nd, 2012 in appeals, armed forces, attorney general, courts martial, firearms, news by sally

“The Attorney General Dominic Grieve has been criticised for refusing to intervene in the case of Danny Nightingale, a soldier who pleaded guilty at a Court Martial recently to illegal possession of a gun and ammunition. Apparently Danny Nightingale’s solicitor intends to appeal, presumably against the sentence of 18 months detention. Grieve refused to intervene following a written request to do so from the Secretary of State for Defence, Philip Hammond.”

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Head of Legal, 20th November 2012

Source: www.headoflegal.com

Home Office relaxes settlement rules for foreign troops serving in army – The Guardian

Posted November 22nd, 2012 in armed forces, disciplinary procedures, immigration, news, redundancy by sally

“Rules barring foreign and Commonwealth troops serving in the British armed forces from settling in the UK if they incur minor disciplinary convictions are to be relaxed. The Home Office will announce on Thursday that personnel with only minor disciplinary convictions will be able to stay on in Britain after they leave the services, Channel 4 News reported.”

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The Guardian, 22nd November 2012

Source: www.guardian.co.uk

Sgt Danny Nightingale to appeal against gun conviction – BBC News

Posted November 22nd, 2012 in appeals, armed forces, courts martial, firearms, news by sally

“Lawyers for an SAS soldier detained for possessing a pistol which he said was given as a war gift have launched an appeal against his conviction.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Army disciplinary hearings condemned as ‘kangaroo courts’ – Daily Telegraph

Posted November 22nd, 2012 in armed forces, disciplinary procedures, news, penalties, reports by sally

“Army disciplinary hearings have been condemned as unaccountable ‘kangaroo courts’ in a damning report submitted to MPs that calls for a ‘root and branch overhaul’ of the system.”

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Daily Telegraph, 22nd November 2012

Source: www.telegraph.co.uk

 

Jailed SAS sniper Danny Nightingale to lodge appeal over sentence – The Guardian

“An SAS veteran of Iraq and Afghanistan will lodge an appeal on Wednesday against a decision to jail him for possessing a pistol and live ammunition at his home in Britain.”

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The Guardian, 20th November 2012

Source: www.guardian.co.uk

‘I can’t intervene in SAS sniper case,’ attorney general tells defence secretary – The Guardian

“The attorney general has said it would be inappropriate for him to intervene in the case of a jailed SAS soldier, after a request by the defence secretary for him to review the conviction.”

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The Guardian, 20th November 2012

Source: www.guardian.co.uk

Supreme Court to rule on a soldier’s right to life – The Independent

Posted November 12th, 2012 in armed forces, human rights, jurisdiction, news, Supreme Court by sally

“Whether a soldier on the battlefield has the right to life is to be debated by the highest court in the UK in a landmark case that is likely to have major ramifications for the armed forces, The Independent has learned.”

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The Independent, 10th November 2012

Source: www.independent.co.uk

Iraq soldier families can bring negligence but not human rights claims – UK Human Rights Blog

Posted November 9th, 2012 in armed forces, human rights, negligence, news, state immunity by sally

“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365

Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’.  The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.

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UK Human Rights Blog, 9th November 2012

Source: www.ukhumanrightsblog.com

Firms that discriminate against Territorial Army reserves may be sued – The Guardian

Posted November 8th, 2012 in armed forces, employment, news by sally

“Companies that discriminate against members of the Territorial Army could be sued under the same kind of laws that protect women and ethnic minorities, ministers have revealed.”

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The Guardian, 8th November 2012

Source: www.guardian.co.uk

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Relatives of UK soldiers killed in Iraq win right to pursue damages claims – The Guardian

Posted October 19th, 2012 in armed forces, compensation, duty of care, Iraq, news by sally

“Relatives of soldiers killed in Iraq have secured a victory in the latest round of a compensation fight with ministers.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk

Former army lawyer urges end of ‘state torture’ to prevent future abuses – The Guardian

Posted October 19th, 2012 in armed forces, detention, Iraq, news, torture by sally

“The former chief legal adviser to the army in Iraq has said the UK’s complicity in the unlawful treatment of detainees was ‘institutional’ and must be wiped out to prevent future abuses by British troops.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk

MoD Iraq ‘negligence’ claim ruling due – BBC News

Posted October 19th, 2012 in armed forces, duty of care, human rights, negligence, news by sally

“The families of four UK soldiers killed in Iraq are to find out later whether they can sue the Ministry of Defence.”

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BBC News, 19th October 2012

Source: www.bbc.co.uk

Former military chiefs generals could be banned from access in wake of ‘generals for hire’ allegations – Daily Telegraph

Posted October 15th, 2012 in armed forces, corruption, inquiries, lobbying, news by sally

“Former generals and military chiefs could be banned from contacting ministers and defence officials in the wake of an alleged access for hire scandal.”

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Daily Telegraph, 15th October 2012

Source: www.telegraph.co.uk

Five marines charged with murder after Afghanistan ‘incident’ – BBC News

Posted October 15th, 2012 in Afghanistan, armed forces, courts martial, murder, news, prosecutions by sally

“Five Royal Marines have been charged with murder over an incident in Afghanistan in 2011, the MoD has said.”

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BBC News, 14th October 2012

Source: www.bbc.co.uk

Iraq abuse inquiry little more than a whitewash, says official – The Guardian

Posted October 12th, 2012 in armed forces, inquiries, Iraq, news, torture by sally

“The Ministry of Defence says an investigation will be launched into claims that an inquiry it set up to examine whether British troops abused Iraqi prisoners has become ‘little more than a whitewash’.”

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The Guardian, 11th October 2012

Source: www.guardian.co.uk