Source: All England Reporter
Publisher Citation: [2010] All ER (D) 261 (Jun)
Neutral Citation: [2010] UKSC 29
Court: Supreme Court
Judge:

Lord Phillips P, Lord Hope DP, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Collins and Lord Kerr SCJJ

Representation Dinah Rose QC and Jessica Simor (instructed by Hodge Jones & Allen LLP) for the claimant.
  James Eadie QC, Pushpinder Saini QC, Sarah Moore and David Barr (instructed by the Treasury Solicitor) for the Secretary of State.
  Michael Beloff QC, Raza Husain QC and Elizabeth Prochaska (instructed by the Legal Director of the Equality and Human Rights Commission) for the intervener.
Judgment Dates: 30 June 2010

Catchwords

Human rights - Right to life - State's obligation to investigate death - Requirement on state to secure rights and freedoms to those within its jurisdiction - British private soldier dying of hyperthermia while serving overseas - Coroner at inquest finding death caused by serious failure to recognise and address difficulty in adjusting to climate - High Court and Court of Appeal deciding to quash inquisition and ordering fresh inquest to be held - Whether British soldiers operating on foreign soil falling within jurisdiction of United Kingdom - Whether procedural requirements in relation to right to life applying to fresh inquest into soldier's death -  1, Pt I, art 2 - European Convention on Human Rights, art 1.

The Case

Human rights Right to life. In a case concerning the United Kingdom's obligations under the European Convention on Human Rights and the in circumstances where a British private solider had died of hyperthermia whilst on duty in Iraq, the Supreme Court held that a member of the state's armed forces was not, by reason of his or her personal status according to the state's military law and discipline, within the jurisdiction of the state for the purposes of art1 of the Convention, and that there was no automatic right to an art2 compliant investigation whenever a member of the armed forces died on active service, with each type of investigation having to depend on the circumstances of the particular case.

Practice Areas

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