Smith v Ministry of Defence

Core Citations

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CONSIDERS

CONSIDERS

• Reserve Forces Act 1996 - Articles : S-54
• Human Rights Act 1998
• Crown Proceedings Act 1947 - Articles : S-10

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• Reserve Forces Act 1980
• Crown Proceedings (Armed Forces) Act 1987
• Crown Proceedings (Armed Forces) Act 1987 - Articles : S-2
• Crown Proceedings Act 1947 - Articles : S-2
• Human Rights Act 1998 - Articles : SCH-1
• Human Rights Act 1998
• Armed Forces Act 2006 - Articles : S-367
• Crown Proceedings Act 1947
• Armed Forces (Pensions and Compensation) Act 2004
• Engel and Others
• Caparo Industries Plc v Dickman
• Marais v General Officer Commanding the Lines of Communication. ex parte Marais
• Burmah Oil Company (Burma Trading) Ltd v Lord Advocate
• Soering v United Kingdom
• Rigby v Chief Constable of Northamptonshire
• Jones v Kaney
• A, X and Y and Others and Secretary of State for the Home Department
• Hughes v National Union Mineworkers and Others
• Brooks v Metropolitan Police Commisioner
• Hill v Chief Constable of West Yorkshire
• Bici and Another v Ministry of Defence

REFERS TO

• Shaw Savill and Albion Company Ltd v Commonwealth
• Multiple Claimants v Ministry of Defence

[See more]

• Mulcahy v Ministry of Defence
• King v Sussex Ambulance NHS Trust
• M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
• Elguzouli-Daf v Commissioner of Police of the Metropolis; McBrearty v Ministry of Defence
• Re Section 24 of the B.N.A. Act
• Walker v Northumberland County Council
• Ullah v Secretary of State for the Home Department
• Stovin and Another v Norfolk County Council
• Loizidou v Turkey
• Brown v Stott (Procurator Fiscal, Dunfermline)
• Van Colle and Another v Chief Constable of the Hertfordshire Police
• Rowling v Takaro Properties Ltd
• Attorney-General (Nsw) v Perpetual Trustee Company (Ltd)

RESUELVE RECURSO

• Susan Smith (on her own behalf and as administrator of the Estate of Philip Hewett, Deceased) (1st Appellant) Colin Redpath (on his own behalf and as Executor of the Will of Kirk James Redpath, Deceased) (2nd Appellant) Courtney Ellis (A Child) by her Litigation Friend Karla Ellis and Karla Ellis (3rd and 4th Appellants) v The Ministry of Defence

DOES NOT APPLY

• Bankovic v Belgium

APPLIES

CITES

• Dorset Yacht Company Ltd v Home Office
• R v Margaret Jones; Swain v DPP; R v Arthur Milling; R v Toby Olditch; R v Philip Pritchard

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• R (Imtiaz Amin) v Secretary of State for the Home Department
• Ogwo v Taylor
• Walker v Northumberland County Council
• R (Jean Middleton) v HM Coroner for Western Somersetshire and Secretary of State for the Home Department
• Barrett v Enfield London Borough Council
• Al-Jedda v Secretary of State for Defence
• Watt v Hertfordshire C. C
• Entick v Carrington
• R (Gentle) v Prime Minister
• R (Sacker) v West Yorkshire Coroner
• London Merchant Securities Plc v Islington London Borough Council
• Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2)
• Savage v South Essex Partnership NHS Foundation Trust
• Rabone and another v Pennine Care NHS Trust
• A v Secretary of State for the Home Department (No. 2)
• Smith & Others v M.O.D.
• South Australian Asset Management Corporation v York Montague Ltd ; United Bank of Kuwait Plc v Prudential Property Services Ltd ; Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (Formerly Edward Erdman an Unlimited Company)
• Ullah v Secretary of State for the Home Department

DEPARTES FROM

• R (Smith) v Oxfordshire Assistant Deputy Coroner

REVERSES

• Susan Smith (on her own behalf and as administrator of the Estate of Philip Hewett, Deceased) (1st Appellant) Colin Redpath (on his own behalf and as Executor of the Will of Kirk James Redpath, Deceased) (2nd Appellant) Courtney Ellis (A Child) by her Litigation Friend Karla Ellis and Karla Ellis (3rd and 4th Appellants) v The Ministry of Defence

CONSIDERED in

• MS (Coptic Christians)
• R v McGregor,
• Dylan Durrheim and Others v Ministry of Defence

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• Serdar Mohammed v Ministry of Defence
• Plan B. Earth v The Prime Minister
• Osbourne Douglas v The Governor of the Cayman Islands
• Flight Sergeant (Ret'd) Barbara Eyton-Hughes v The Secretary of State for Defence

COMMENTED in

• R Long v Secretary of State for Defence

CITED in

• K, A and B v The Secretary of State for Defence and Others
• R Long v Secretary of State for Defence
• R Denby Collins (A protected party by his father and litigation friend Peter Collins) v The Secretary of State for Justice

[See more]

• R MG v Secretary of State for the Home Department
• R (on the application of Sandiford) v The Secretary of State for Foreign and Commonwealth Affairs
• Kennedy v Information Commissioner and another (Secretary of State for Justice and Others intervening) [SC]

REFERRED in

• The Queen (on the application of FI) (Claimant/Appellant) v Secretary of State for the Home Department Serco and Others (Interested Parties)
• Mr Wayne Bass v Ministry of Defence
• R K and Others v Secretary of State for Defence Secretary of State for the Foreign and Commonwealth Office Affairs & HM Attorney General

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• Al-Saadoon and Others v Secretary of State for Defence
• Jones v Birmingham City Council
• Asy and Others v Home Office
• The Secretary of State for Justice v A Local Authority
• Al-Waheed v Ministry of Defence; Mohammed v Ministry of Defence (No 2)
• Mr David Anthony Winstanley v Professor Brian D Sleeman (First Defendant) University of Leeds (Second Defendnat)
• Dr. Vesna Kontic and Others v The Ministry of Defence
• Serdar Mohammed & Others v Secretary of State for Defence
• The Libyan Investment Authority v –(4) Societe Generale SA and Others and Others
• The Queen (on the Application of Elan-Cane) v The Secretary of State for the Home Department
• Plan B. Earth v The Prime Minister
• Kamil Najim Abdullah Alseran and Another v MRE and Others
• Robinson v Chief Constable of West Yorkshire Police
• Sea Shepherd UK v Fish & Fish Ltd
• Dr Cathy Gardner v Secretary of State for Health and Social Care
• Dr Theodore Piepenbrock v London School of Economics and Political Science
• Solange Hoareau v Secretary of State for Foreign and Commonwealth Affairs
• Robinson v Chief Constable of West Yorkshire Police

REPORTED OPINION OF in

• [2013] 4 All ER 794
• [2013] WLR D 239
• [2013] 35 BHRC 711

[See more]

• [2014] 1 LRC 663
• [2014] PIQR p2
• [2013] NR Uned 101
• [24/07/2013] TLR 1
• [2013] 1 WLR 882
• [2013] 1 Inquest LR 135
• 158 ILR 612
• [2014] AC 52

This document cites

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• Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Fundamentales
• R v Margaret Jones; Swain v DPP; R v Arthur Milling; R v Toby Olditch; R v Philip Pritchard
• Stovin and Another v Norfolk County Council
• Fenice Investments Inc. v Jerram Falkus Construction Ltd
• Mulcahy v Ministry of Defence



See all quotations

• King v Sussex Ambulance NHS Trust
• Burmah Oil Company (Burma Trading) Ltd v Lord Advocate
• Susan Smith (on her own behalf and as administrator of the Estate of Philip Hewett, Deceased) (1st Appellant) Colin Redpath (on his own behalf and as Executor of the Will of Kirk James Redpath, Deceased) (2nd Appellant) Courtney Ellis (A Child) by her Litigation Friend Karla Ellis and Karla Ellis (3rd and 4th Appellants) v The Ministry of Defence
• Barrett v Enfield London Borough Council
• Watt v Hertfordshire C. C
• Bici and Another v Ministry of Defence
• Elguzouli-Daf v Commissioner of Police of the Metropolis; McBrearty v Ministry of Defence
• M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
• Jones v Kaney
• Dorset Yacht Company Ltd v Home Office
• Multiple Claimants v Ministry of Defence
• London Merchant Securities Plc v Islington London Borough Council
• Savage v South Essex Partnership NHS Foundation Trust
• Van Colle and Another v Chief Constable of the Hertfordshire Police
• Hill v Chief Constable of West Yorkshire
• Brooks v Metropolitan Police Commisioner
• Smith & Others v M.O.D.
• Ogwo v Taylor
• South Australian Asset Management Corporation v York Montague Ltd ; United Bank of Kuwait Plc v Prudential Property Services Ltd ; Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (Formerly Edward Erdman an Unlimited Company)
• Al-Jedda v Secretary of State for Defence
• Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2)
• Entick v Carrington
• Walker v Northumberland County Council
• Öcalan v Turkey
• Rowling v Takaro Properties Ltd
• Murad & Foo v Perbadanan Pembangunan Pulau Pinang; Ong Chin Lee
• Attorney-General (Nsw) v Perpetual Trustee Company (Ltd)
• Shaw Savill and Albion Company Ltd v Commonwealth
• Walker v Northumberland County Council
• Re Section 24 of the B.N.A. Act