Al-Jedda v Secretary of State for Defence
Jurisdiction | UK Non-devolved |
Judge | LORD BINGHAM OF CORNHILL,LORD RODGER OF EARLSFERRY,BARONESS HALE OF RICHMOND,LORD CARSWELL,LORD BROWN OF EATON-UNDER-HEYWOOD |
Judgment Date | 12 December 2007 |
Neutral Citation | [2007] UKHL 58 |
Date | 12 December 2007 |
Court | House of Lords |
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44 cases
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Kamil Najim Abdullah Alseran and Another v MRE and Others
...It is common ground that, in accordance with this rule and with the decision of the House of Lords in R (Al-Jedda) v Secretary of State for Defence [2008] 1 AC 332, paras 40–43, the law applicable to claims in tort in this litigation is the law of Iraq. 37 Matters of foreign law are treated......
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Abd Ali Hameed Ali Al-Waheed v The Ministry of Defence
...law this court is bound to follow the decision of the House of Lords in R (Al-Jedda) v Secretary of State for Defence [2007] UKHL 58, [2008] 1 AC 332 and to dismiss these claims, notwithstanding the subsequent decision of the Grand Chamber of the European Court of Human Rights in Al-Jedda v......
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R Youssef v Secretary of State for Foreign and Commonwealth Affairs
...their obligations under the present Charter shall prevail." 7 It was held by the House of Lords in R (Al-Jedda) v Defence Secretary [2007] UKHL 58, [2008] 1 AC 332, and recognised by the Supreme Court in Ahmed v HM Treasury, that resolutions of the Security Council therefore prevail over a......
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Am & Am (Armed Conflict: Risk Categories)
...Krotov [2004] EWCA Civ 69) as well as in non-refugee contexts: see R (On the application of Al-Jedda) v Secretary of State for Defence [2007] UKHL 58. We have to apply Adan in the context that since then, as the above cases reflect, there have been important developments in customary inte......
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25 books & journal articles
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Suspected terrorists' rights between the fragmentation and merger of legal orders: reflections in the margin of the Kadi ECJ appeal judgment.
...Resolution 1546. (56.) See Al-Jedda I, ¶¶ 77-81. (57.) R (on the application of Al-Jedda) v. Sec'y of State for Defence ("Al-Jedda II"), [2007] UKHL 58 (U.K.) (appeal taken from (58.) See Al-Jedda II, ¶¶ 30-36. (59.) See Al-Jedda II. For a brief analysis of the House of Lords judgment, see ......
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International law issues raised by the transfer of detainees by Canadian forces in Afghanistan.
...supra note 126 at para 88. (129) Ibid at para 87. (130) See R ex rel Al-Jedda (FC) v United Kingdom (Secretary of State for Defence), [2007] UKHL 58, at para 2, at paras 26-39 (per Lord Bingham), 125-29 (per Baroness Hale), at paras 130-35 (per Lord Carswell), and at para 151 (per Lord Brow......
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Detention of civilians on military operations: reasons for and challenges to developing a special law of detention.
...and tribunals: see, eg, R (Al-Skeini) v Secretary of State for Defence [2008] 1 AC 153; R (Al-Jedda) v Secretary of State for Defence [2008] 1 AC 332 ('Al-Jedda'); Amnesty International Canada v Canada (Minister of National Defence) [2007] FC 1147; Behrami v France (2007) 45 EHRR (3) The te......
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Litigating How We Fight
...case in which the claim is a reality rather than a speculation. 16. R (on the application of Al-Jedda) v. Secretary of State for Defence, [2007] UKHL 58. 17. Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, 213 U.N.T.S. 221. 18. In addition, ECHR Article......
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