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Limitation of action – Foreign limitation periods. The Supreme Court dismissed an appeal by Iraqi claimants, who alleged that they had suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq, against a decision by the Court of Appeal in which it had found in favour of the Ministry of Justice that an English court was bound to disregard any impediment arising from Coalition Provisional Authority (CPA) Order 17 because that order was not a law with respect to limitation which the English courts were bound to apply. The court ruled that the Court of Appeal had been right to say that CPA Order 17 had no legal effect in an English court. It ruled that, in the English proceedings, the relevant law was the Foreign Limitation Periods Act 1984. The CPA Order 17 had no relevance to English proceedings because it had no application outside Iraq and had never impeded resort to the English court.
Limitation of action – Foreign limitation periods. The Supreme Court dismissed an appeal by Iraqi claimants, who alleged that they had suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq, against a decision by the Court of Appeal in which it had found in favour of the Ministry of Justice that an English court was bound to disregard any impediment arising from Coalition Provisional Authority (CPA) Order 17 because that order was not a law with respect to limitation which the English courts were bound to apply. The court ruled that the Court of Appeal had been right to say that CPA Order 17 had no legal effect in an English court. It ruled that, in the English proceedings, the relevant law was the Foreign Limitation Periods Act 1984. The CPA Order 17 had no relevance to English proceedings because it had no application outside Iraq and had never impeded resort to the English court.
Chair of the Bar Sam Townend KC encourages colleagues to take a proper break over summer and highlights recent events and key activities for autumn
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
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In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
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Possibly, but many barristers are glad he did…
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
Fahrid Chishty, an Inns of Court Pegasus Scholar for 2023-24, reflects on allyship, international practice and the importance of knowing oneself
Art, including music, should be protected as a fundamental form of freedom of expression and not used to unfairly implicate individuals, argues Ifẹ Thompson
Jasvir Singh trails this summer’s celebrations, open to all and with the theme ‘Free to Be Me’, by focusing on the diversity of South Asian heritage barristers and judges, and the trailblazers who led the way
Stephen Mason sets out how the legal presumption, which exposed widespread misunderstanding about the nature of computer failures and caused serious widespread injustice, came into effect
