The Supreme Court analysed three central legal issues:
- Whether British soldiers killed during military operations abroad were within the jurisdiction of the UK for the purposes of Article 1 - which protects the right to life - of the European Convention on Human Rights (ECHR).
- Whether the MoD owed a duty to the deceased soldiers pursuant to Article 2 - which imposes a duty on authorities to protect the right to life by law - of the ECHR.
- Whether complaints of negligence are covered by the doctrine of combat immunity and whether it would be fair to impose a duty of care on the MoD.
Families of soldiers killed in Iraq have been given the go-ahead by the Supreme Court to bring compensation claims against the Government.
The family of a Tamworth soldier killed in Iraq will find out on the 19th June if they can sue the government for compensation.