Logourl black
From our private database of 13,800+ case briefs...

Al-Skeini v. Secretary of State for Defence

House of Lords
[2007] UKHL 26


Facts

Six Iraqi civilians were killed in Basra. One was killed allegedly due to maltreatment inflicted by members of the British armed forces. Al-Skeini (plaintiff), a close relative of one of the deceased, as well as other close relatives of the deceased brought suit against the Secretary of State for Defence (defendant) in the High Court of London seeking to challenge the Secretary’s refusal to order an independent inquiry into the circumstances of this maltreatment and the deaths of these Iraqi civilians, as well as his subsequent rejection of liability for the deaths such that the claimants cannot have redress against him. The claimants based their claims on the Human Rights Act 1998 (the HRA). To successfully state a claim under the HRA, a claimant must show that a public authority has acted in a manner that is incompatible with a Convention right of the claimant or the deceased as defined by the European Convention on Human Rights (ECHR). This is a multi-step process. First, the claimant must show that his complaint falls within the scope of the ECHR. If successful on this first requirement, the claimant must then show that his claims, although falling within the scope of the ECHR, also fall within the scope of the HRA.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Lord Bingham of Cornhill)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.