We have previously commented on the Smith case - known as Secretary of State for Defence v R and HM Assistant Deputy Coroner for Oxfordshire and Equality and Human Rights Commission - in which the Appeal Court had held that this protection applies whether or not soldiers are physically on an armed forces base or elsewhere.

The case arises from the death of Scottish TA soldier Jason Smith on a British Army base in Iraq in 2003. The MoD eventually accepted that the Human Rights Act applied to Jason Smith's case as he died on a British army base. However, it argued it did not apply to a British soldier who is off base and the MoD appealed the High Court ruling. The Court of Appeal found against the MoD but granted leave to appeal, on the basis that the MoD will bear the costs.

BAFF has learned that the Ministry of Defence has now lodged an appeal, which will be heard by the new Supreme Court for the United Kingdom.