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01 August 2013 / Richard Scorer
Issue: 7571 / Categories: Features , Personal injury
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The judicialisation of war?

Does the Snatch Land Rover case place too many battlefield obligations on the MoD? Richard Scorer reports

The recent decision of the Supreme Court in Smith and Others v The Ministry of Defence [2013] UKSC 41 has attracted fierce criticism from many commentators who feel that the case takes human rights remedies a step too far. One observer argues that the decision effectively destroys the longstanding notion of combat immunity and makes the Ministry of Defence (MoD) susceptible to legal regulation whenever deaths or injuries occur on the battlefield—so much so as to raise the spectre of soldiers securing injunctions to stop or halt combat operations until the MoD can prove that the operation is adequately planned and resourced.

But does the decision really do this? The Smith case concerned the deaths of three British soldiers killed in Iraq and the suffering by two other young servicemen of serious injuries. The soldiers either had to carry out high risk activities in poorly armoured Snatch Land Rovers, which were struck by improvised explosive devices, or were injured in “friendly fire” incidents. The Supreme Court was

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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