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The Supreme Court has given judgment in KV (Sri Lanka) v SSHD [2019] UKSC 10, allowing the appeal and remitting the case to the Upper Tribunal. The Appellant (a Tamil) claimed that very extensive scarring to his right arm and back had been inflicted during torture. The UT held that he had not adequately excluded the possibility that the scars were “self inflicted by proxy” (SIBP) i.e. at his request and possibly under general anaesthesia. The Court of Appeal (by a majority) dismissed his appeal. However, the Supreme Court unanimously held that the majority of the Court of Appeal had taken the wrong approach to the role of medical evidence under the Istanbul Protocol; and that the UT’s analysis of the medical evidence had been flawed. Richard Drabble QC (with Ronan Toal, Charlotte Bayatti, and Michelle Brewer) appeared for the Appellant KV. Click here to read about the case in the Guardian.
