Iraqi Civilian Litigation v Ministry of Defence

The High Court handed down an important judgment on limitation in the on-going litigation between Iraqi Civilians and the Ministry of Defence arising from allegations of unlawful detention and mistreatment in Iraq by British forces. Leggatt J upheld the Claimants’ case that the limitation period applicable to their Iraqi law claims was suspended by reason of the immunities from Iraqi process enjoyed by British forces at material times under CPA Order 17, such immunities rendering it impossible for the Claimants to sue in Iraq. The Court rejected the argument that the relevant Iraqi law on limitation was to be disregarded under s. 2(3) of the Foreign Limitation Periods Act 1984.   

http://www.bailii.org/ew/cases/EWHC/QB/2015/116.html

Andrew Scott (instructed by Leigh Day) was part of the counsel team acting for the Claimants.