R (Al-Skeini) v Secretary of State for Defence

JurisdictionEngland & Wales
JudgeLORD BROWN OF EATON-UNDER-HEYWOOD,LORD RODGER OF EARLSFERRY,LORD CARSWELL,BARONESS HALE OF RICHMOND,LORD BINGHAM OF CORNHILL
Judgment Date13 June 2007
Neutral Citation[2007] UKHL 26
Date13 June 2007
CourtHouse of Lords
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137 cases
  • H.X.A. v The Home Office
    • United Kingdom
    • Queen's Bench Division
    • 21 May 2010
    ...submissions on the effect of the English courts’ decisions in R(A-Jeddah) [2008] 1 AC 332 together with those of Al Skeini v SSHD [2008] 1 AC 153, and Al Saadoon [2009] EWCA Civ 7. I do not disagree with the analysis of Miss Harrison from which I did not understand Mr Eadie to dissent, that......
  • R (O'Connor) v Avon Coroner
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 18 May 2009
    ...of the UK within the meaning of Art 1 ECHR, (R (Al-Skeini) v Secretary of State for DefenceIQLR[2007] Inquest Law Reports 168, [2008] 1 AC 153 applied), but argued that this only applied to service personnel on a British military base or in a British hospital. He submitted that the judge wa......
  • R (Smith) v Oxon Asst Deputy Coroner [England, High Court, Queen's Bench Division (Administrative Court)]
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 30 June 2010
    ...this narrow basis which led to the House of Lords in R (Al-Skeini) v. Secretary of State for Defence (The Redress Trust intervening)ELR[2008] 1 AC 153 to decide that one of the claimants who had met his death in a detention unit at the British Army's base in Basra was within the jurisdictio......
  • Al-Saadoon and Others v Secretary of State for Defence
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 September 2016
    ...1 should not be construed as reaching any further than the existing Strasbourg jurisprudence clearly shows it to reach ( Al-Skeini [2007] UKHL 26; [2008] AC 153 per Lord Brown at [107], Catherine Smith per Lord Hope at [93], Susan Smith per Lord Hope at [44]). This does not mean that courts......
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1 firm's commentaries
26 books & journal articles
  • Separation of Powers, Individual Rights, and the Constitution Abroad
    • United States
    • Iowa Law Review No. 98-4, May 2013
    • 1 May 2013
    ...30, 1987); Gen. Comment No. 8, supra note 176, ¶ 1; Gen. Comment No. 29, supra note 176, ¶ 16. 218. Al-Skeini v. Sec’y of State for Def., [2007] UKHL 26 (appeal taken from Eng.), available at http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd070613/skeini-1.htm. The House of Lord......
  • Differing Responses to Constitutional and Human Rights Issues
    • United Kingdom
    • Wildy Simmonds & Hill Disagreement and dissent in Judicial Decision-making Contents
    • 29 August 2013
    ...of the armed forces, whilst on active service in Iraq, was under the jurisdiction of 6 Secretary of State for Defence v Al-Skeini & Ors [2007] UKHL 26, [2008] 1 AC 153. 7 R (Gentle) & Anor v The Prime Minister & Anor [2008] UKHL 20, [2008] 1 AC 1356. 8 R (Smith) v Secretary of State for Def......
  • Table of Cases
    • Canada
    • Irwin Books Archive National Security Law. Canadian Practice in International Perspective Part Four. National Security Tools and Techniques
    • 31 August 2008
    ...(4th) 13, [2005] F.C.J. No. 213 (C.A.) .................. 485 Al-Skeini and others (Respondents) v. Secretary of State for Defence, [2007] UKHL 26 ............................................................................................ 30 623 NatioNal Security law 624 Alvarez-Machain v.......
  • Horizontal Effect and the Constitutional Constraint
    • United Kingdom
    • Wiley The Modern Law Review No. 74-6, November 2011
    • 1 November 2011
    ...itself:Hickman, n 70 above, at note 114,something accepted on reflection as a fair point.88 R (Al-Skeini) vSecretary of State for Defence [2007] UKHL 26, [2008] 1 AC 153 at [15(2)].89 Re S and Re W [2002] UKHL 10, [2002] 2AC 291 at [40] (Lord Nicholls).90 See further 892–894.Horizontal Effec......
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