Soldiers Win Legal Battle

Tue, 19 May 2009

The Court of Appeal has ruled that soldiers serving abroad are protected by Human Rights laws . The landmark case follows the death of 32 year old Pte Jason Smith in Iraq. The soldier, originally from the Scottish borders, died in 2003 in a field hospital of heatstroke after collapsing in searing heat of 50 degrees Celsius.

The Ministry of Defence were challenging a ruling of failing to protect Mr Smith’s rights. The challenge arose after a court last year agreed with the claims of the lawyers of Catherine Smith, Jason’s mother.

However, the three judges rejected the government’s appeal against extending the Act to overseas service personnel, meaning that the Ministry of Defence could be liable if it failed to provide suitable equipment and medical care in a combat situation. That liability is not restricted to this case, but could open the floodgates to a number of claims. The Smith family’s solicitor, Jocelyn Cockburn joined the family in praising the decision.

The government has signalled its intent to appeal to the House of Lords over the issue which could, they claim, cause friction when conducting operations abroad.
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