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Secretary of State for Defence v Catherine Smith and Assistant Deputy Coroner for Oxfordshire (interested party) and the Equality and Human Rights Commission (intervener)

Authors / Contributors: Bridget Dolan , Debra Powell
14.16
Secretary of State for Defence v Catherine Smith and Assistant Deputy Coroner for Oxfordshire (interested party) and the Equality and Human Rights Commission (intervener)
   
Issue: Whether a British soldier was within the jurisdiction of the UK and hence protected by ECHR when serving in foreign territory but not in a UK base or hospital; whether the inquest into a soldier’s death in Iraq should comply with Art 2 ECHR.
   
Court: Court of Appeal
   
Reference:   C1/2008/1049
   
Neutral Citation:   [2008] EWCA Civ 441
   
Judge(s): Sir Anthony Clarke MR, Keene and Dyson LJJ
   
Date: 18 May 2009