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15 February 2007 / Richard Gordon
Issue: 7260 / Categories: Features
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Global reach

International law provides ammunition in judicial review challenges, says Richard Gordon QC

An understanding of the rules of public international law is becoming crucial in judicial review applications. Two landmark cases, R (on the application of Al-Jedda) v Secretary of State for Defence [2006] EWCA Civ 327, [2006] All ER (D) 435 (Mar) and R (on the application of Al-Skeini) v Secretary of State for Defence [2005] EWCA Civ 1609, [2005] All ER (D) 337 (Dec), are due be heard by the House of Lords this year. They will put international law centre stage, perhaps even in partnership with the Human Rights Act 1998 (HRA 1998) for the protection of fundamental rights.

It is, of course, well known that unincorporated international treaties form no part of domestic law. Increasingly, however, public international law is used indirectly—including through the medium of EC law—to considerable effect in the Administrative Court.

This article examines the principal methods by which this indirect effect may be achieved in judicial review cases.

compatibility Presumption

There are a number of recent judicial observations

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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