However, certain actions claimed to be carried out under the prerogative of 'defence of the realm' may be reviewable. The Supreme Court, in the conjoined appeals of Smith, Ellis and Allbutt v Ministry of Defence [2013] UKSC 41, held by a majority that the doctrine of combat immunity should be construed narrowly. The claimants in this case, representing UK soldiers killed on active service in Iraq, were claiming, inter alia, that the Ministry of Defence had been negligent in the provision of equipment and training. The court recognised that actions and decisions taken by military commanders in relation to military engagements should not be subject to judicial challenge, because of the danger of 'judicialising warfare'. It did not accept, however, the Ministry's arguments that immunity should apply in relation to [...].
Answer
failings that were remote from the pressures and uncertainties of the battlefield
Tags
#constitution #law #public
Question
However, certain actions claimed to be carried out under the prerogative of 'defence of the realm' may be reviewable. The Supreme Court, in the conjoined appeals of Smith, Ellis and Allbutt v Ministry of Defence [2013] UKSC 41, held by a majority that the doctrine of combat immunity should be construed narrowly. The claimants in this case, representing UK soldiers killed on active service in Iraq, were claiming, inter alia, that the Ministry of Defence had been negligent in the provision of equipment and training. The court recognised that actions and decisions taken by military commanders in relation to military engagements should not be subject to judicial challenge, because of the danger of 'judicialising warfare'. It did not accept, however, the Ministry's arguments that immunity should apply in relation to [...].
Answer
?
Tags
#constitution #law #public
Question
However, certain actions claimed to be carried out under the prerogative of 'defence of the realm' may be reviewable. The Supreme Court, in the conjoined appeals of Smith, Ellis and Allbutt v Ministry of Defence [2013] UKSC 41, held by a majority that the doctrine of combat immunity should be construed narrowly. The claimants in this case, representing UK soldiers killed on active service in Iraq, were claiming, inter alia, that the Ministry of Defence had been negligent in the provision of equipment and training. The court recognised that actions and decisions taken by military commanders in relation to military engagements should not be subject to judicial challenge, because of the danger of 'judicialising warfare'. It did not accept, however, the Ministry's arguments that immunity should apply in relation to [...].
Answer
failings that were remote from the pressures and uncertainties of the battlefield
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Open it ry commanders in relation to military engagements should not be subject to judicial challenge, because of the danger of 'judicialising warfare'. It did not accept, however, the Ministry's arguments that immunity should apply in relation to <span>failings that were remote from the pressures and uncertainties of the battlefield.<span><body><html>
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