Alseran v Ministry of Defence

Subject Matter

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

[2017] EWHC 3289 (QB); [2019] QB 1251; [2018] 3 WLR 95; [2017] WLR(D) 837, QBD

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

[2017] EWHC 3289 (QB); [2019] QB 1251; [2018] 3 WLR 95; [2017] WLR(D) 837, QBD

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)

[2017] EWHC 3289 (QB); [2019] QB 1251; [2018] 3 WLR 95; [2017] WLR(D) 837, QBD

Commentary

Blackstones Civil Practice 2023
Main Provisions of the Human Rights Act 1998 - Remedies 91.9