i-law

Litigation Letter

Deaths in service

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same CA TLR 20 November

Claims arising from the deaths of soldiers on active service abroad based on a breach of the right to life in art 2 of the European Convention on Human Rights did not come within the United Kingdom’s jurisdiction under the Convention. However, claims in negligence for failure to provide safe equipment and technology to serving soldiers who died or were injured were justiciable.

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