The written evidence which OPBP submitted to the Joint Committee on Human Rights has been published on the JCHR’s website. The Government has proposed a “presumption to derogate” from the European Court of Human Rights (ECHR) in times of armed conflict, in order to protect British troops from vexatious claims. Our evidence offered a review, from a comparative civil procedure perspective, of the mechanisms adopted in England and around the world to manage such claims. We submitted that a derogation from the ECHR to protect troops from vexatious litigation did not meet the requirement, contained in Article 15 ECHR, that derogation be strictly required by the exigencies of the situation. You can read our submission here.
OPBP offers its thanks to our researchers, Faculty and student committees, and Faculty supervisors for their assistance with this project.