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19 February 2009 / Khawar Qureshi KC
Issue: 7357 / Categories: Features , Public , Human rights , Constitutional law
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International Rescue

Part two: Khawar Qureshi QC reflects on the growth of public international law in the English courts

In the first part of this series I covered the “sanctions cases” where public international law (PIL) was engaged (see NLJ, 13 February 2009, p 223). In this part, the key cases during 2008 relating to Iraq/Afghanistan, and cases concerning civil sovereign immunity are considered.

 

/ cases

 

Gentle

In R (on the application of Gentle and another) v The Prime Minister and others [2008] UKHL 20 the House of Lords (constituted by nine law lords) was asked by the mothers of two soldiers who died in Iraq (in March 2003 and June 2004 respectively—the latter after the United Nations Security Council had passed a resolution providing legal cover for the coalition forces in Iraq), to determine whether ss 1 and 2 of the Human Rights Act 1998 read together with Art 2 of the European Convention on Human Rights (the Convention) required the UK authorities to establish an independent public inquiry into circumstances

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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