Civil claims following British military involvement in Iraq – appeal on preliminary issues


Re: Al-Saadoon & Ors v Secretary of State for Defence & Ors [2016] EWCA Civ 811

The court heard an appeal against the decision of Leggatt J, which considered a number of preliminary issues regarding, among other things, the applicability of the ECHR to Iraqi civilian litigation alleging British military human rights violations. Among the issues raised in these test cases were the scope of the ECHR’s applicability and the extent of the UK’s duty to investigate alleged abuses under ECHR, arts 3 and 5, and under UN Convention Against Torture (UNCAT), arts 2 and 3.

Phillippa Kaufmann QC and Dan Squires QC were involved in this case.