header-logo header-logo

05 August 2016 / Richard Harrison
Issue: 7710 / Categories: Features
printer mail-detail

Lessons from Chilcot

nlj_7710_harrison

Richard Harrison reflects on how an instructing solicitor would have interpreted Lord Goldsmith’s opinion on the legality of the Iraq war

The Chilcot Report is damning. It specifically did not conclude that the war was unlawful, but it concluded that the circumstances in which it was decided that there was a legal basis for UK military action were “far from satisfactory”. So it is worth reflecting on its conclusions about the advice received by the government to justify the legality of going to war.

As a commercial litigation solicitor, I am used to obtaining and deploying the opinions of suitably chosen and properly instructed barristers. I am used to assisting clients come to a decision based on the terms in which those opinions are expressed. The government was required to do the same thing with the advice of its chief legal adviser the attorney-general, Lord Goldsmith QC. What therefore should have been made of Lord Goldsmith’s opinion on the legality of the Iraq war?

7 March

The “advice” dated 7 March 2003, was originally released under

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll