R (ON THE APPLICATION OF FOGG AND ANOTHER) v SECRETARY OF STATE FOR DEFENCE
[2006] Lloyd's Rep Plus 94
COURT OF APPEAL
Before Sir Anthony Clarke MR, Lord Justice Rix, and Lord Justice Longmore
Administrative law
– Judicial review – Armed merchant vessel sunk by enemy action whilst in convoy
– Secretary of State refusing to designate ship for protection against
interference – Whether vessel “in service with” or being used “for the purposes
of” the armed forces of the United Kingdom at time of sinking – Protection of
Military Remains Act 1986, section 9(2)(a).