HUNDREDS of Iraqis who made vile abuse allegations against British troops
had their demands for compensation cash sensationally blocked by the Supreme
Court on Thursday.
A legal battle between “tank chasing” law firm Leigh Day and the MoD has raged
over whether a three year time limit on claims should apply to 612 cases.
Iraqi law states civil claims must be brought within three years from the day
the claimant was aware of an alleged injury.
But Leigh Day argued legal immunity for British forces prevented the cases
being brought sooner.
But sources rubbished that argument, saying some of the bonkers compo claims
were lodged a DECADE after the alleged incident.
The Supreme Court has now unanimously dismissed the claims — meaning the “vast
majority” automatically do not need to be investigated.
The landmark ruling will save taxpayers “millions” and effectively ends
compensation claims from the Iraq war.
Defence Secretary Michael Fallon hailed the legal victory, saying: “There is a
pernicious industry trying to profit from dubious claims lodged against our
Armed Forces years after the alleged incidents.
“We are determined to tackle it and this judgement, which will save the
taxpayer millions, is a big step in the right direction.
“Defence spending should go on defence, not into lawyers’ pockets.”
All the Iraqis were demanding compensation cash over vile allegations of
unlawfully detention or mistreatment between 2003 and 2009 during the bitter
war.
There have been nearly 1,200 claims from the conflict in Iraq with 324 so far
being settled at a total sum of £19.7m.
Virtually all the demands centred around claims of illegal detention or abuse
and mistreatment.
Now just 255 cases remain but 188 have been shelved by lawyers as they have no
hope of winning them.
UK law firm Leigh Day brought 14 claimants to challenge the law arguing
military immunity meant it was impossible for Iraqis to bring their claims
within the three year limit.
The majority of the claims were brought in 2013 long after alleged incidents
occurred.
At a previous hearing the High Court found in favour of the Iraqis — but that
decision was overturned by the Court of Appeal in December 2015 — who said
the claims were out of time.
The Iraqis took their case to the Supreme Court, which backed the MoD in a
massive victory for common sense on Thursday.
Lord Jonathan Sumption QC said: “The Supreme Court unanimously dismisses the
appeal by the Iraqi civilians, and affirms that the Court of Appeal was
right in the result.”
Explaining the firm’s case against the MoD, Lord Sumption said: “The claimants
are 14 lead claimants, representative of more than 600 clients of solicitors
Leigh Day.
“They claim to have suffered unlawful detention and physical maltreatment at
the hands of British armed forces in Iraq between 2003 and 2009.”
Lord Sumption ruled that the three-year time limit was not suspended, noting:
“It is not suggested on this appeal that there has ever been any impediment
preventing them from suing the British government in England.”
The landmark ruling is a massive blow to Leigh Day, who stood to take millions
in cuts out of the compensation settlements for their services.
Leigh Day was referred to the Solicitors’ Disciplinary Tribunal — which
governs lawyers’ behaviour — in January over complaints around their
handling of the collapsed Al Sweady Inquiry into war crimes.
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In order to get compensation, Leigh Day will now have to prove extreme
circumstances prevented every claimant from bringing their claims within the
time limit.
Sources said that would be “extremely difficult” to prove.
A spokesperson from Leigh Day said: “This technical judgment has the result of
revising the hurdle that the majority of the remaining cases brought by
Iraqi civilians against the MoD will have to get over to enable their claims
to be heard in the British courts.”
This result covers civil cases against the MoD.
Criminal allegations are still being investigated by the Iraq Historic
Allegations Team.