Court : House of Lords
..... in iraq continued to constitute a threat to international peace and security, acting under chapter vii of the charter, the security council accordingly welcomed: the willingness of the multinational force to continue efforts to contribute to the maintenance of security and stability in iraq in support of the political transition, especially for upcoming elections, and to provide security for the united nations presence in iraq, as described in the letter of 5 june 2004 from the united states secretary of state to the president of the ..... as lord bingham has shown, both state practice and the weight of academic authority support the view that articles 25 and 103 apply where the security council, acting under chapter vii, adopts a resolution, such as resolution 1546, which authorises rather than requires member states to take military action to meet a threat to international peace. ..... the general rule, enacted in section 11(1) of the private international law (miscellaneous provisions) act 1995, is that the applicable law is the law of the country in which the events constituting the tort or delict occurred. ..... unless the appellant can show that it is substantially more appropriate (section 12 of the private international law (miscellaneous provisions) act 1995) to apply english law than iraqi law to the circumstances of his detention, then, under section 11 of the act, iraqi law applies. ..... it remains to take note of article 103, a miscellaneous provision contained in chapter xvi. .....
Tag this Judgment!Court : House of Lords
..... whilst clearly in such a case the parent can bring a claim on behalf of the child's estate under the law reform (miscellaneous provisions) act 1934, there can be no claim by the parent in respect of his own loss unless exceptionally he can bring himself within the narrow parameters recognised to give rise to secondary liability see for example the ..... claim by a father against a health authority for negligent treatment of his daughter by a psychiatrist in fairlie v perth and kinross healthcare nhs trust 2004 slt 1200, para 36, lord kingarth suggested that a claim might perhaps have been pleaded under article 8 of the european convention. ..... a violation of article 6 of the convention because, as it held in para 151 of its judgment, the domestic court's application of the law had served to confer a blanket immunity on the police for their acts and omissions during the investigation and suppression of crime and therefore unjustifiably restricted a claimant's right to have his claim determined on the merits. ..... of appeal boldly, and in the view of some commentators impermissibly (see wright: " 'immunity' no more: child abuse cases and public authority liability in negligence after d v east berkshire community health nhs trust " (2004) 20 pn 58, 63), held that that decision of the house, in its relation to claims by children, could not survive the human rights act 1998, and before the house no party sought to maintain the full breadth of the decision. ..... forms a particular chapter of the law .....
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