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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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