The Government has argued that too much time has passed to allow a fair trial over alleged atrocities by British authorities in Kenya in the 1950s.
Guy Mansfield QC said the Foreign and Commonwealth Office faced "irredeemable difficulties" with witnesses and documents to defend the claim.
Without those witnesses, and indeed with the necessarily limited recollections of those who do survive, the very complicated and difficult task of determining the competing factual positions cannot be fairly conducted.
There is a dearth of evidence which can be given as to what was in people's minds when they made decisions and sent or read telegrams or attended meetings or were told of matters or visited places.
More top news
Leaked documents have revealed the first known picture of Mohammed Emwazi - named as IS militant Jihadi John - as a student in London.
With March just around the corner it's looking like this winter will be the sunniest on record (data goes back to 1929).
A campaign demanding an end to the taxation of sanitary items will be presented to George Osborne after reaching almost 200,000 signatures.