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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

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

NEWS
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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