Ministry of Defence v Iraqi Civilians

Ministry of Defence v Iraqi Civilians

CPA Order 17 is a procedural bar to bringing claims in Iraq and does not form part of Iraqi limitation law for the purposes of the Foreign Limitation Periods Act 1984. Therefore, the three-year limitation period under Article 232 of the Iraqi Civil Code was not suspended by operation of Article 435 due to CPA Order 17. English courts must disregard procedural bars of the lex causae when applying foreign limitation law.

Parties
Appellant/defendant: Ministry of Defence; Respondents/claimants: Iraqi Civilians
Jurisdiction
England and Wales
Judgment Date
09 December 2015
Procedural Posture
Civil Appeal / Appeal From High Court Preliminary Issues Determination
Outcome
Appeal allowed
Legal Topics
Foreign Limitation Periods, Application of Foreign Law, Procedural Vs Substantive Law, Jurisdictional Immunity
Private International Law Limitation of Actions Conflict of Laws Foreign Limitation Periods Application of Foreign Law Procedural Vs Substantive Law Jurisdictional Immunity

Case Brief

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Parties

Ministry of Defence

Appellant/defendant

Iraqi Civilians

Respondents/claimants

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Issues Determination

Legal Issues

  1. 1 Whether the three-year limitation period under Iraqi law was suspended by operation of Article 435 due to CPA Order 17 rendering it impossible to bring claims in Iraq
  2. 2 Whether CPA Order 17 forms part of Iraqi limitation law for the purposes of the Foreign Limitation Periods Act 1984
  3. 3 Whether English courts should give effect to Iraqi procedural bars when applying foreign limitation law

Ratio Decidendi

CPA Order 17 is a procedural bar to bringing claims in Iraq and does not form part of Iraqi limitation law for the purposes of the Foreign Limitation Periods Act 1984. Therefore, the three-year limitation period under Article 232 of the Iraqi Civil Code was not suspended by operation of Article 435 due to CPA Order 17. English courts must disregard procedural bars of the lex causae when applying foreign limitation law.

Court Disposition

Appeal allowed

Orders

  • The answer to the first preliminary issue is that the three-year limitation period under Article 232 of the Iraqi Civil Code was not suspended by Article 435 due to CPA Order 17.
  • The second preliminary issue does not arise.