Category: armed forces

Roberts Case Summary – No. 5 Chambers

Posted June 1st, 2020 in armed forces, birth, causing serious physical harm to a child or vulnerable adult, chambers articles, doctors, foreign jurisdictions, jurisdiction, news, personal injuries, professional conduct, time limits by sally

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Why British Troops Must Not Be Placed Above The Law – Each Other

Posted May 28th, 2020 in armed forces, bills, news, time limits, torture, war crimes by sally

‘The outbreak of Covid-19 has demonstrated how quickly our established ideas and normalised ways of thinking can be changed. Work that was called ‘low-skilled’ is now recognised as ‘essential’, the nation has hailed nurses as ‘heroes’, and face masks are a part of routine life.’

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Each Other, 22nd May 2020

Source: eachother.org.uk

Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian

Posted May 21st, 2020 in armed forces, government departments, immigration, judicial review, medical treatment, news by sally

‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

Posted May 18th, 2020 in armed forces, chambers articles, courts martial, criminal justice, jurisdiction, news, rape, sexual offences by sally

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Women launch legal action to stop military courts trying UK rape cases – The Guardian

Posted May 4th, 2020 in armed forces, courts martial, Crown Prosecution Service, judicial review, news, police, rape, sexual offences, statistics, women by sally

‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims – Oxford Human Rights Hub

Posted April 8th, 2020 in armed forces, bills, compensation, human rights, news, time limits, war crimes by sally

‘On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including under the European Convention on Human Rights (ECHR).’

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Oxford Human Rights Hub, 6th April 2020

Source: ohrh.law.ox.ac.uk

Bill sets five-year limit to prosecute UK armed forces who served abroad – The Guardian

Posted March 18th, 2020 in armed forces, bills, criminal justice, human rights, limitations, news, prosecutions, time limits by sally

‘A five-year time limit on bringing prosecutions against soldiers and veterans who have served abroad – except in “exceptional circumstances” – is to be imposed under legislation introduced by the government.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Windrush man who served in British army for nine years told there is no record of him – The Independent

Posted January 23rd, 2020 in armed forces, citizenship, colonies, compensation, loans, news by tracey

‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’

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The Independent, 23rd january 2020

Source: www.independent.co.uk

Racism in UK military: only six people found guilty at court martial in past five years – The Guardian

Posted January 8th, 2020 in armed forces, courts martial, disciplinary procedures, news, race discrimination, racism, statistics by sally

‘Just over 17% of racially aggravated crimes investigated by military police over the past five years resulted in guilty verdicts at court martial, it has emerged, as the armed forces faces new pressure over claims it is failing black and Asian service personnel.’

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The Guardian, 7th January 2020

Source: www.theguardian.com

5 UK Human Rights Issues and Trends to Watch in 2020 – Each Other

Posted January 7th, 2020 in armed forces, artificial intelligence, brexit, data protection, employment, human rights, internet, news, political parties, privacy, public order, racism, time limits by sally

‘From landmark legal cases to a landslide general election result, and civil disobedience to constitutional upheaval – the UK had no shortage of human rights news stories in 2019.’

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Each Other, 6th January 2020

Source: eachother.org.uk

Racism ‘prevalent’ in the armed forces, ombudsman warns – BBC News

Posted December 19th, 2019 in armed forces, news, ombudsmen, racism by sally

‘”Racism is prevalent” within the armed forces, the independent ombudsman overseeing complaints has warned.’

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BBC News, 19th December 2019

Source: www.bbc.co.uk

Falklands war veteran wins apology over LGBT ban – The Guardian

Posted December 10th, 2019 in armed forces, homosexuality, news, sexual orientation discrimination by sally

‘A British Falklands war veteran has been given his medals back and received an apology from the Ministry of Defence after being forced out of the navy over his sexuality.’

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The Guardian, 10th December 2019

Source: www.theguardian.com

State accountability for killings of civilians by soldiers in Northern Ireland: can the UK duck out? – Red Lion Chambers

Posted December 4th, 2019 in armed forces, inquests, news, Northern Ireland, prosecutions, state liability, unlawful killing by sally

‘On Nov 11, 2019, the Conservative Party announced rather unclear plans to take legal steps to ensure that inquest juries in Northern Ireland could not return verdicts of unlawful killing in relation to actions by UK soldiers (and presumably other state agents such as the RUC police) in operations during The Troubles. The plans also apparently include barring prosecutions for any alleged unlawful acts during such operations during The Troubles (there is no statute of limitations on serious criminal offences in the UK so this would be an entirely novel step).’

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Red Lion Chambers, 14th November 2019

Source: www.redlionchambers.co.uk

Soldier wins racism claim against British Army after superiors confused him with only other black sergeant in unit – Daily Telegraph

Posted December 4th, 2019 in armed forces, news, race discrimination, racism by tracey

‘A soldier has won a racism claim against the Ministry of Defence after being confused with the only other black sergeant in the unit.’

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Daily Telegraph, 3rd December 2019

Source: www.telegraph.co.uk

International Criminal Court may investigate UK ‘war crimes cover-up’ – BBC News

Posted November 18th, 2019 in Afghanistan, armed forces, inquiries, international courts, international law, news, unlawful killing, war, war crimes by sally

‘The International Criminal Court could open its first investigation into the British military following a BBC programme about alleged war crimes.’

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BBC News, 18th November 2019

Source: www.bbc.co.uk

Man jailed for setting fireworks off during Remembrance Sunday two-minute silence – The Independent

Posted November 13th, 2019 in armed forces, explosives, news, public order, sentencing by sally

‘A man who set off fireworks during a Remembrance Sunday event has been jailed.’

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The Independent, 12th November 2019

Source: www.independent.co.uk

Tory plan to water down Human Rights Act to protect ex-soldiers would turn UK into pariah, experts warn – The Independent

Posted November 12th, 2019 in armed forces, human rights, inquests, news, Northern Ireland, prosecutions by sally

‘Conservative plans to water down the Human Rights Act – to prevent prosecutions of soldiers accused of murders in Northern Ireland – will make the UK a pariah, the party has been warned.’

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The Independent, 11th November 2019

Source: www.independent.co.uk

Mixed race soldier sues MoD for £100,000 amid claims colleagues put up ‘racist’ posters at army base and nicknamed him Apu, High Court hears – Daily Telegraph

Posted November 7th, 2019 in armed forces, bullying, compensation, equality, harassment, mental health, news, psychiatric damage, racism by tracey

‘A mixed race soldier is suing the MoD for £100,000 amid claims he was bullied after colleagues put up “racist” posters at an army base and nicknamed him Apu, the High Court has heard.’

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Daily Telegraph, 6th November 2019

Source: www.telegraph.co.uk

Army’s ‘failure to learn’ from training heat deaths of ‘grave concern’, coroner rules – The Independent

Posted October 28th, 2019 in armed forces, coroners, health & safety, inquests, news by tracey

‘A coroner has pledged to write to the defence secretary after an inquest into the death of a soldier on a training exercise raised “grave concerns” over the army’s “ability to learn from previous mistakes”.’

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The Independent, 26th October 2019

Source: www.independent.co.uk

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association

Posted October 25th, 2019 in armed forces, constitutional law, enforcement, government departments, judicial review, judiciary, jurisdiction, news, parliament, Supreme Court by sally

‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org