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Crown – Proceedings against. The proceedings concerned claims in tort and applications for judicial review against the defendant Ministries and Secretaries of State involving mistreatment in Iraq and Afghanistan by United States forces following transfer of custody from the hands of British forces. The Queen's Bench Division held that the claims in tort were not barred by reason of the doctrines of state immunity or foreign act of state. The claims in tort would be barred by the doctrine of Crown act of state if the defendants were able to show that the arrest and detention by British forces had been authorised pursuant to a lawful policy. The applications for judicial review were given permission to proceed where there was no reason to refuse such permission.
Crown – Proceedings against. The proceedings concerned claims in tort and applications for judicial review against the defendant Ministries and Secretaries of State involving mistreatment in Iraq and Afghanistan by United States forces following transfer of custody from the hands of British forces. The Queen's Bench Division held that the claims in tort were not barred by reason of the doctrines of state immunity or foreign act of state. The claims in tort would be barred by the doctrine of Crown act of state if the defendants were able to show that the arrest and detention by British forces had been authorised pursuant to a lawful policy. The applications for judicial review were given permission to proceed where there was no reason to refuse such permission.
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