K & Ors, R (On the Application Of) v Secretary of State for Defence & Ors [2014] EWHC 3023 (Admin) (19 September 2014)

K & Ors, R (On the Application Of) v Secretary of State for Defence & Ors [2014] EWHC 3023 (Admin) (19 September 2014)

The claimants' public law and private law claims are weak; they do not fall within the relevant government policies for support, the ECHR does not apply to their circumstances, and private law claims do not support interim relief. The balance of convenience and risk of injustice do not favour granting a mandatory interim injunction. Accordingly, interim relief is refused.

Citation
[2014] EWHC 3023 (Admin)
Parties
Claimant: K and others; Defendant: Secretary of State for Defence; Defendant: Secretary of State for the Foreign and Commonwealth Office Affairs; Defendant: HM Attorney General
Jurisdiction
England and Wales
Judgment Date
19 September 2014
Procedural Posture
Judicial Review and Interim Relief Application / Application for Interim Relief Prior to Trial
Outcome
Application for interim relief refused
Legal Topics
Interim Injunctions, Crown Proceedings, Duty of Care, European Convention on Human Rights, Employment Status, Government Policy Interpretation
Public Law Human Rights Law Contract Law Tort Law Interim Injunctions Crown Proceedings Duty of Care European Convention on Human Rights +2 more

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Parties

K and others

Claimant

Secretary of State for Defence

Defendant

Secretary of State for the Foreign and Commonwealth Office Affairs

Defendant

HM Attorney General

Defendant

Procedural Posture

Judicial Review and Interim Relief Application / Application for Interim Relief Prior to Trial

Legal Issues

  1. 1 Whether claimants are entitled to interim relief requiring the UK government to provide secure accommodation and living expenses in Afghanistan
  2. 2 Whether claimants fall within UK government policies for support to locally employed staff or covert human intelligence sources (CHIS)
  3. 3 Whether the European Convention on Human Rights applies extraterritorially to claimants in Afghanistan

Ratio Decidendi

The claimants' public law and private law claims are weak; they do not fall within the relevant government policies for support, the ECHR does not apply to their circumstances, and private law claims do not support interim relief. The balance of convenience and risk of injustice do not favour granting a mandatory interim injunction. Accordingly, interim relief is refused.

Court Disposition

Application for interim relief refused