Robert Weir QC wins in Supreme Court for Snatch Land Rover claimants
The Supreme Court has given judgment in Smith and others v Ministry of Defence [2013] UKSC 41. All 7 judges held that the earlier 9 judge decision of the Supreme Court in Catherine Smith (in which the majority had found that the Human Rights Act did not apply to soldiers when in Iraq) was no longer good law. It is now established that the Human Rights Act applies to soldiers wherever in the world they are. The majority of the Supreme Court also refused to strike out any of the claims made for breach of article 2 and in negligence. The claims arise out of the deaths of soldiers in Snatch Land Rovers in circumstances where, on the claimants’ case, their deaths would have been avoided had the Ministry of Defence procured suitable medium-armoured vehicles. The claims can now proceed to trial.
Robert Weir QC is instructed by Jocelyn Cockburn of Hodge, Jones & Allen.
The case has been covered in:
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