The Law Reports (Queen's Bench Division)
[2019] QB 1251
Alseran and others v Ministry of Defence
[2017] EWHC 3289 (QB)
2016 June 13–17, 20–24, 27, 30; July 1, 4–8, 11, 12; 2017 March 20–24, 27–31; April 3–7, 10–12; Oct 16; Dec 14
Leggatt J
Conflict of laws— Sovereign immunity— Act of state— Iraqi claimants arrested and detained by British armed forces acting abroad— Claims in tort for damages for unlawful detention and personal injury— Whether justiciable— Whether barred by doctrine of Crown act of state
Conflict of laws— Tort— Applicable law— Iraqi claimants arrested and detained by British armed forces acting abroad— Claims in tort for damages for unlawful detention and personal injury— Whether arrest or detention unlawful— Whether claims brought outside limitation period— Whether court to extend time for bringing claims—
Foreign Limitation Periods Act 1984 (c 16), ss 1(1), 2(1)(2)
—
Private International Law (Miscellaneous Provisions) Act 1995 (c 42), s 11(1)
Human rights— Breach of Convention rights— Just satisfaction— Iraqi claimants arrested and detained by British armed forces acting abroad— Whether initial or subsequent detention breaching claimants’ Convention rights to liberty— Whether treatment during arrest or detention breaching claimants’ Convention rights not to be subject to ill-treatment— Whether court to permit claims brought outside limitation period— Proper approach to assessment of compensation for breaches of Convention rights—
Human Rights Act 1998 (c 42), ss 6(1), 7(5), Sch 1, Pt I, arts 3, 5