header-logo header-logo

15 February 2007 / Henrietta Hill , Stephen Cragg
Issue: 7260 / Categories: Features , Procedure & practice
printer mail-detail

Public Law Update

THE LAWFULNESS OF WAR >>
POLICE SHOOTINGS >>
RESTRICTIVE APPROACH TO DISCLOSURE >>
PROTECTIVE COSTS ORDER >>

LEGAL BASIS FOR WAR

In R (on the application of Gentle and Clarke) v The Prime Minister and others [2006] EWCA Civ 1690 the Court of Appeal considered the government’s refusal to hold an independent inquiry into the legal basis for the war in Iraq.

The applicants were the mothers of British soldiers killed during the Iraq war. They sought a public inquiry to consider the question of whether the invasion of Iraq had been illegal, arguing that the implied obligation in Art 2 of the European Convention on Human Rights (the Convention) (right to life) required such an inquiry.

On 26 July 2006 the Court of Appeal had granted permission on the basis that the importance of the issues was a compelling reason why the appeal should be heard (see 156 NLJ 7239, p 1360).

Non-justiciability

Apart from the possible effect of the Human Rights Act 1998, the question of whether the invasion

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll