The WLR Daily case summaries
[2017] WLR(D) 837
Queen’s Bench Division
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 Mar 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— — Claimants bringing claims in tort for damages for unlawful detention and personal injury— Whether claims justiciable— Whether claims barred by doctrine of Crown act of state— Whether claims statute-barred—
Foreign Limitation Periods Act 1984 (c 16) (as amended by Cross-Border Mediation (EU Directive) Regulations 2011 (SI 2011/1133), reg 28 and Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 (SI 2015/1392), reg 5(2)), ss 1(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— Claimants seeking compensation for breaches of human rights— Whether claims statute-barred— Proper approach to assessment of compensation—
Human Right Act 1998 (c 42), ss 6(1), 7(5), Sch 1, Pt 1, Arts 3, 5