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27 May 2016
Issue: 7700 / Categories: Case law , Law digest , In Court
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Limitation of action

Ministry of Defence v Iraqi Civilians [2016] UKSC 25, [2016] All ER (D) 88 (May)

The Supreme Court dismissed an appeal by Iraqi claimants, who alleged that they had suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq, against a decision by the Court of Appeal in which it had found in favour of the Ministry of Justice that an English court was bound to disregard any impediment arising from Coalition Provisional Authority (CPA) Order 17 because that order was not a law with respect to limitation which the English courts were bound to apply. The court ruled that the Court of Appeal had been right to say that CPA Order 17 had no legal effect in an English court. It ruled that, in the English proceedings, the relevant law was the Foreign Limitation Periods Act 1984. The CPA Order 17 had no relevance to English proceedings because it had no application outside Iraq and had never impeded resort to the English court.

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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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