Revealed: Starmer ally Lord Hermer's six-figure witchunt of British soldiers | The Daily T

Key Concepts

• Lawfare: The use of legal systems and institutions to damage or delegitimize an opponent, often used in military contexts to hinder operations.
• Conditional Fee Arrangement (CFA): A "no win, no fee" agreement where lawyers receive a significant "uplift" (up to 50% extra) on their standard hourly rate if the case is successful.
• Cab Rank Rule: A professional obligation for barristers to accept any case within their expertise; however, this does not apply to cases funded by CFAs, meaning lawyers have the choice to refuse such work.
• Al-Sweady Inquiry: A 2014 public inquiry that investigated allegations of war crimes by British soldiers at the Battle of Danny Boy; it concluded the claims were a "pack of lies" fabricated by insurgents.
• Human Rights Act (HRA) Extraterritoriality: The legal concept, championed by Richard Hermer and Keir Starmer, that UK human rights standards should apply to British military operations in foreign conflict zones.

1. Main Topics and Key Points

The investigation by The Telegraph reveals that the current UK Attorney General, Lord Richard Hermer, played a central role in pursuing civil claims against British soldiers based on allegations that were later proven to be false.

• The Battle of Danny Boy (2004): A firefight in southern Iraq where British troops were ambushed by the Mahdi Army. Despite the soldiers' heroism (resulting in four Military Crosses), they were later accused of executing and torturing Iraqi detainees.
• The "Witch Hunt": Thousands of allegations were leveled against British troops, driven by lawyers like Phil Shiner and supported by Richard Hermer.
• The 2014 Inquiry: A £31 million public inquiry definitively proved that the Iraqi accusers were insurgents and that their claims of atrocities were "deliberate lies."

2. Real-World Applications and Case Studies

• Phil Shiner and Lee Day Solicitors: Shiner, now a disgraced solicitor, was the primary driver of approximately 3,000 complaints against British troops. He was later struck off and pleaded guilty to fraud.
• Lance Corporal Brian Wood: A recipient of the Military Cross who was falsely accused of war crimes. He expressed deep betrayal, stating that the government should have protected its soldiers rather than allowing them to be targeted by legal professionals.

3. Methodologies and Legal Frameworks

• The "Upping the Ante" Strategy: Emails uncovered by The Telegraph show that Hermer advised lawyers on press releases. When asked for input, he encouraged them to "up the ante," leading to the inclusion of claims that British soldiers committed a "massacre."
• Financial Incentives: Hermer operated under a Conditional Fee Arrangement. While he billed at roughly £275/hour, a successful outcome would have entitled him to a 50% uplift, potentially resulting in hundreds of thousands of pounds in fees.

4. Key Arguments and Perspectives

• The "Soft Touch" Concern: Critics argue that by applying domestic human rights standards to active war zones, lawyers like Hermer have "handicapped" British defense policy.
• Judgment and Patriotism: The investigation questions the judgment of Prime Minister Keir Starmer in appointing Hermer as Attorney General, given their shared history of working on these controversial human rights cases at Doughty Street Chambers.
• The Defense Perspective: Hermer maintains that he was simply doing his job as a lawyer and that he did not believe the claims reached a threshold to be dropped until the 2014 inquiry findings. He argues that human rights apply regardless of whether the client is a "saint or a member of Al-Qaeda."

5. Notable Quotes

• Richard Hermer (in an email regarding the false claims): "This is great. This is why I wanted to become a lawyer."
• Lance Corporal Brian Wood: "The one thing I expected was the British government to put a ring of steel around us to protect us."

6. Logical Connections

The report connects the historical legal activism of the early 2000s to the current composition of the UK government. It argues that the "lawfare" waged against soldiers was not merely a fringe activity but a foundational element of the legal philosophy held by the current Attorney General and Prime Minister. The transition from private human rights lawyer to the highest legal office in the land is presented as a significant concern for national security and the morale of the armed forces.

7. Synthesis and Conclusion

The investigation concludes that Lord Hermer’s involvement in the Al-Sweady claims was far more substantial than previously known. By choosing to participate in cases that were not subject to the "cab rank rule," and by actively advising on strategies that escalated public accusations against soldiers, Hermer’s past actions directly conflict with the duty of an Attorney General to protect the interests of the state and its military. The findings raise fundamental questions about the current government's judgment and its commitment to supporting the British armed forces.