Memorandum of Understanding in UK Law

The evidence demonstrates also, in our view clearly and without ambiguity, that the aim of the violence was not limited to delivering for Mr Mugabe victory in the run-off vote, but to ensure that the MDC support base was sufficiently dismantled as to ensure that it ceased to exist in any meaningful way as to remain a threat to Zanu-PF's hold on power.

Even though a form of agreement has now been reached in these talks, it remains to be seen whether that will bring about any reduction in the level of risk to those not able to demonstrate loyalty to Zanu-PF. After all, the Memorandum of Understanding that was signed by Mr Mugabe on behalf of his party and the regime contained assurances about the cessation of politically related violence but that has not been delivered.

I turn then to the events which led up to the flight to Baghdad. The background began with a Memorandum Of Understanding signed between the UK and Iraqi governments in January 2005. Under that Memorandum, charter flights containing deportees began, and have continued, to the KRG. They had not, however, taken place to Baghdad prior to October 2009 as far as involuntary deportees were concerned. It is plain to me that the process in arranging for the flight of the 15 th.

Critical in my determination has to be a view as to the likely timescale for the next charter flight of involuntary returnees to Baghdad. Here the history would suggest it is likely to be some considerable time away, because it has taken some four years since the Memorandum Of Understanding, very nearly five, before the first such flight under it to Baghdad, and that had to be preceded by meetings in March, July and September.

Such ‘relational’ contracts involve trust and confidence but of a different kind from that involved in fiduciary relationships. The trust is not in the loyal subordination by one party of its own interests to those of another. It is trust that the other party will act with integrity and in a spirit of cooperation. The legitimate expectations which the law should protect in relationships of this kind are embodied in the normative standard of good faith.

Mr. Khoury and Mr. Masri were both in London at the beginning of November 1992, so they agreed to meet at the office of CCUK, being a convenient location in London. They discussed the matter at the meeting in CCUK's offices. They agreed that a document should be signed incorporating their understanding reached at the meeting and that they would meet again that evening at Mr. Khoury's home in London, where a document would be signed.

As to whether that regime satisfied the requirements of independence and impartiality, we know that the core membership included the Commanding Officer of the Intelligence Exploitation Force and the Force Provost Marshal. For these reasons, we also doubt that the new regime was sufficiently independent, although our doubts are of a lesser order than those concerning the former Detention Authority regime.