Download This PaperCivil Claims Against the Crown in the Wake of the Iraq War: Crown Act of State, Limitation Under Foreign Law and Litigation Funding in Alseran v Ministry of Defence
(2018) 37(4) Civil Justice Quarterly 428-442
17 Pages Posted: 9 Aug 2018 Last revised: 10 Sep 2018
Date Written: July 23, 2018
Abstract
This article notes the High Court judgment in Alseran v Ministry of Defence which follows the first full trial of claims for compensation in what is known as the “Iraqi civilian litigation”. This article focuses on three aspects of the judgment of importance for civil justice in England: 1) the adoption of a strict interpretation of the Crown act of state doctrine, 2) the claimant-friendly interpretation of the public policy exception to the rule that the issue of limitation in a tortious claim is governed by the foreign applicable law, and 3) Leggatt J’s observations which disclose the adverse effect of the changes introduced to the regime of civil litigation costs and funding following the Jackson Report. The first two aspects of the judgment have the potential to exert a considerable impact on cross-border public interest litigation in England. But the potential of the law in this area cannot be fulfilled without a regime of civil litigation costs and funding that enables claimants to bring their claims.
Keywords: civil claims, tort, Crown, Irak, Crown act of state, limitation, litigation funding, private international law
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Ugljesa Grusic (Contact Author)
Faculty of Laws, University College London
Bentham House
4-8 Endsleigh Gardens
London, London WC1H 0EG
United Kingdom
HOME PAGE: http://https://www.ucl.ac.uk/laws/people/dr-ugljesa-grusic