Source: All England Reporter
Publisher Citation: [2002] All ER (D) 409 (Nov)
Neutral Citation: [2002] EWHC 2463 (Admin)
Court: Administrative Court

McCombe J

Representation Nicholas Blake QC and Aileen McColgan (instructed by Public Interest Lawyers) for the claimants.
  Philip Sales and Karen Steyn (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 27 November 2002


War and armed conflict - War - Compensation - Ex gratia scheme - Civilian internees - Entitlement - Distinction founded upon race.

The Case

Three claimants who had been members of the Gurkha rifle brigade had been wrongly excluded from a compensation scheme introduced by the Ministry of Defence in circumstances where it had irrationally had regard to a constitutional distinction which had been founded on race.

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