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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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