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England and Wales decisions
Decisions matching the current search
The Tribunal dismissed Airwars’ FOIA appeal for civilian-harm assessment documents concerning a March 2018 Syria strike, accepting exemptions for security, defence, relations, and privilege.
The High Court held that Article 2 did not require a further investigation into Corporal Paul Long’s death and dismissed the judicial review as out of time.
The Supreme Court held that British soldiers abroad were within UK jurisdiction under Article 1 ECHR and refused to strike out claims over equipment, training, and combat immunity at this stage.
Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) (30 June 2011)
The High Court struck out Article 2 claims by soldiers’ families, holding the deceased were outside UK Convention jurisdiction and rejecting the pleaded duty in military operations.
The Court of Appeal held that Article 2 ECHR did not require an independent inquiry into whether the Iraq invasion was lawful under international law.
Gentle & Anor, R (on the application of) v Prime Minister & Ors [2006] EWCA Civ 1689 (12 December 2006)
The Court of Appeal refused an Article 2 challenge seeking an inquiry into the legality of the Iraq invasion, holding the issue was non-justiciable high policy.
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