Saturday 14 January 2017

UK Supreme Court - judgments on 17th and 18th January

Updated 17th January ... and 18th January ...

On 17th January, the Supreme Court will hand down judgment on points of law arising in a number of long-running cases arising mainly from Armed Forces operations in Iraq and Afghanistan.   See Supreme Court Case Details.

The Belhaj case is somewhat different in that Mr Belhaj claims that he was abducted, with British complicity, to Libya.  Mr Belhaj was an opponent of Colonel Gaddafi - see the Reprieve website.


The Supreme Court appeals in these cases were heard a considerable time ago - Belhaj and Rahmatullah in November 2015 - (7 Justices) and Mohammed and Al-Waheed in February 2016 - (9 Justices).

Please see post UK Supreme Court - more Iraq/Afghanistan litigation (1st February 2016).  That post has several links to material that was referred to in the February 2016 hearing.

Cases of this type have become unpopular with some politicians and that has led to calls for reform of the law relating to the application of the European Convention on Human Rights to combat situations involving British Armed Forces - posts of 6th January 2016 and 24th January 2016.

Very much by way of contrast, on 18th January, the court will give judgment in a discrimination claim brought against an operator of buses - see First Group plc v Paulley.  That appeal was heard on 15th June 2016 by 7 Justices.

Update 17th January: Judgments and Press summaries

(1) Rahmatullah (No 2) (Respondent) v Ministry of Defence and another (Appellants)
(1) Mohammed and others (Respondents) v Ministry of Defence (Appellant)
Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes

(2) Abd Ali Hameed Al-Waheed (Appellant) v Ministry of Defence (Respondent)
(2) Serdar Mohammed and others (Respondents) v Ministry of Defence (Appellant)
Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Wilson, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson (1 to 4 Feb 2016), Lord Hodge (26 Oct 2016)

(3) Belhaj and another (Respondents) v Straw and others (Appellants)
(3) Rahmatullah (No 1) (Respondent) v Ministry of Defence and another (Appellants)
Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes

Update 18th January:

Judgment in First Group plc v Paulley


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