“… recognised that each case depended on its own facts. These were R (Al-Jedda) v Secretary of State for Defence[2006] EWCA Civ 327, [2007] QB 621, Belhaj v Straw[2013] EWHC 4111 (QB), [2014] EWCA Civ 1394, [2017] AC 964, Serdar Mohammed v Ministry of Defence[2014] EWHC 1369 (QB), and Rahmatullah v Ministry of Defence[2019] EWHC 3172 (QB).…”
“…been findings of fact which might bear on that question, and that the case should proceed in the meantime on the basis of the default rule. At first instance – [2013] EWHC 4111 (QB) – Simon J held that that approach was evasive; that it was appropriate to decide the appropriate law on the basis of the pleadings as they then stood; and that…”