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17 April 2008
Issue: 7317 / Categories: Legal News , Human rights
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MoD defeated on soldiers' human rights

News

Human rights apply to British troops serving abroad, a High Court judge has ruled.

In Smith v The Assistant Deputy Coroner for Oxfordshire, Mr Justice Collins held the Human Rights Act 1998 (HRA 1998) could apply to British servicemen and women “wherever they may be”, and ruled that the families of military personnel should get legal aid and access to military
documents.

The test case involved a request for military inquest guidelines in the inquest of soldier Jason Smith, who died of heatstroke while serving in Iraq. The Ministry of Defence argued that it was
impossible to apply the protection of the HRA 1998 to soldiers on active service.

Defence secretary, Des Browne, issued a separate judicial review of the Oxfordshire coroner’s decision, arguing the phrase “serious failure” was  incompatible with r 42(ii) of the Coroner’s Rules 1984. However, Collins J rejected this argument.

Hodge, Jones and Allen partner, Jocelyn Cockburn, who acted for Smith’s family, says: “The government must take reasonable steps not to put soldiers at increased risk to their life unnecessarily. Where a soldier is killed in circumstances where the state may be to blame then there must be a full inquest into the death. The family must have access to the investigatory process...and the coroner must rule on failings that have occurred so changes can be made to avoid further deaths.”

Issue: 7317 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
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
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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