header-logo header-logo

19 February 2009 / Khawar Qureshi KC
Issue: 7357 / Categories: Features , Public , Human rights , Constitutional law
printer mail-detail

International Rescue

Part two: Khawar Qureshi QC reflects on the growth of public international law in the English courts

In the first part of this series I covered the “sanctions cases” where public international law (PIL) was engaged (see NLJ, 13 February 2009, p 223). In this part, the key cases during 2008 relating to Iraq/Afghanistan, and cases concerning civil sovereign immunity are considered.

 

/ cases

 

Gentle

In R (on the application of Gentle and another) v The Prime Minister and others [2008] UKHL 20 the House of Lords (constituted by nine law lords) was asked by the mothers of two soldiers who died in Iraq (in March 2003 and June 2004 respectively—the latter after the United Nations Security Council had passed a resolution providing legal cover for the coalition forces in Iraq), to determine whether ss 1 and 2 of the Human Rights Act 1998 read together with Art 2 of the European Convention on Human Rights (the Convention) required

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll