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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll