Court refuses claims against the Crown by Afghan nationals who aided British Forces in Afghanistan


Re: K & Ors, R (On the Application Of) v Secretary of State for Defence & Ors [2014] EWHC 3023 (Admin)

The 3 claimants were Afghan nationals and each provided intelligence to the British Forces in Afghanistan. They claim that as a result they are now at risk from retributive attacks from the Taliban and were suing the Crown. The claimants sought interim relief, specifically that the British Forces provide them with secure accommodation and associated living expenses.

The claimants’ action comprised of both a private law and public law claim. With regard to the private law claim, the claimants were suing for a breach of contract, a breach of the British Forces’ duty of care to them and for misrepresentation. The Court applied the Crown Proceedings Act 1947 and noted that the statute prohibited the granting of injunctive relief against the Crown in civil proceedings.

With regard to the public law claim, the claimants were suing under ECHR, arts 2, 3 and 8 and the failure of the Secretary of State to consider the claimants pursuant to his policy regarding Afghan employees of British Forces in Afghanistan. The Court refused the application because it was not satisfied that there were real prospects of the claimants succeeding at trial, and relied upon the authority of R (Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1425 (Admin).

Samantha Knights and Laura Prince were involved in this case.