Tri-Service

MoD Wins Appeal Over Iraqi Civilian Mistreatment Claims

The Court of Appeal has overturned a High Court judgment which lifted limitations on Iraqi civilians being able to sue the Ministry of Defence over allegations of detention and mistreatment by British forces in Iraq.

A single judge, Mr Justice Leggatt, had ruled that the limitation period on certain claims was suspended because of a time bar on the civilians suing in Iraq.

But today three appeal judges - Master of the Rolls Lord Dyson, sitting with Lord Justice Tomlinson and Lord Justice Vos - allowed an MoD appeal and unanimously ruled that the limitation period was not suspended.

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Lord Justice Tomlinson emphasised the importance of the case, saying it related to what was known as the "Iraqi Civilian Litigation" under which many hundreds of claims have been launched in the English High Court by Iraqi civilians.

All are seeking damages for their alleged unlawful detention and alleged ill-treatment by British armed forces when those forces formed part of the coalition led by the US which went into Iraq in 2003. An MoD spokeswoman said:

"The Department welcomes the decision of the Court of Appeal as it serves to safeguard taxpayer interests in the face of hundreds of compensation claims which have appeared many years after the alleged incidents to which they refer."

The MOD added that the ruling means that allegations by Iraqi civilians of mistreatment and wrongful detention by British troops had to have been made within three years of the alleged incidents.

It says 612 claims against it are now out of time - with the government having already settled 323 such cases at a cost of £19.6 million.

Martyn Day, from law firm Leigh Day, which has been acting for the Iraqis, said:

"These cases are against the MoD which has so far settled hundreds of claims by Iraqis who claimed they had been abused and wrongly detained during the period of British involvement in southern Iraq following the ill-fated war of 2003.