header-logo header-logo

15 July 2010 / Richard Scorer
Issue: 7426 / Categories: Features , Personal injury
printer mail-detail

HRA 1998: who benefits?

Richard Scorer considers the lessons & consequences of Smith

The issue of whether British soldiers serving overseas should have the benefit of the Human Rights Act 1998 (HRA 1998) was considered by the Supreme Court in a judgment delivered on 30 June 2010 (R (on the application of Smith) v Secretary of State for Defence [2010] UKSC 29, [2010] All ER (D) 261 (Jun)). The issue has provoked much media debate, including some ill informed comment in the tabloid press.

The case before the Supreme Court arose from the death in Iraq in 2003 of Private Jason Smith. Private Smith joined the Territorial Army in 1992, at age 21, and was mobilised for service in Iraq in June 2003. On 26 June 2003, after an acclimatisation spell in Kuwait, he arrived at Camp Abu Naji, his base in Iraq. From there he was moved to an old athletics stadium some 12 kilometres away, where a number of British soldiers were billeted.

Temperatures in Iraq in summer regularly exceed 55 degrees centigrade and on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll