A court has determined that Iraqi civilians seeking damages for their alleged unlawful detention and alleged ill-treatment by British armed forces in Iraq are able to bring claims agains the Ministry of Defence. In 2003, the Coalition Provisional Authority Order 17 had been issued, which conferred immunity from suit in Iraq on all British military personnel. The civilians' claims were made on the basis of the Human Rights Act 1998 and in tort. It was common ground that the law applicable to the tort claims was that of Iraq, and that the civilians had not commenced their claims until after the expiry of the three-year limitation period prescribed by the Iraqi Civil Code art, 232. The Court noted that art, 435 of the Code suspended the time limit in art, 232. Art, 435 provides that the time limit would be suspended if there was an impediment rendering it impossible to exercise a right under art, 232. The Court accepted that CPA Order 17 constituted an impediment. Richard Hermer QC was involved in this case.