Category Archives: Limitation Periods

First Judgment on the Merits in the Kenya Emergency Group Litigation (TC34)

An interesting aspect of Kimathi and Others v Foreign & Commonwealth Office [2018] EWHC 2066 (QB) is how thoroughly it confirms that the past is a foreign country. Britain’s past comprises many foreign countries, once part of its Empire. The Kimathi litigation (also known as the ‘Mau Mau litigation’, after the Mau Mau rebellion that was instrumental in Kenya’s independence movement) has come probably at the only time it could come in these postcolonial days, but it has come too late to be suitable for the forensic process that is civil litigation.

Members of 12 King’s Bench Walk’s International & Travel team have been instructed at various points throughout the course of this litigation by the Claimants, the FCO, and Intervening Parties. This post considers the implications of Stewart J’s first judgment on the merits and assesses the suitability of the civil litigation process for determination of the issues raised. Continue reading First Judgment on the Merits in the Kenya Emergency Group Litigation (TC34)

Quantifying damages for human rights abuses by the MoD in Iraq (1) Alseran (2) Al-Waheed (3) MRE (4) KSU v Ministry of Defence [2017] EWHC 3289 (QB): aka Iraqi Civilian Litigation

This interesting blog post by Helen Waller a pupil barrister at 12 King’s Bench Walk considers in depth the legal analysis in the Iraqi Civilian Litigation. Continue reading Quantifying damages for human rights abuses by the MoD in Iraq (1) Alseran (2) Al-Waheed (3) MRE (4) KSU v Ministry of Defence [2017] EWHC 3289 (QB): aka Iraqi Civilian Litigation

Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor

In this blog post, Max Archer of 12 King’s Bench Walk considers the recent decision of Spring v Ministry of Defence & Evangelisches Krankenhaus Bielefeld gGmbH [2017] EWHC 3012 (QB). Master Yoxall considered issues of jurisdiction and joinder out of time for limitation purposes under the Recast Brussels Regulation. Continue reading Jurisdiction, Joinder and Limitation: Spring v Ministry of Defence & Anor

KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods

This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred. Continue reading KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods