header-logo header-logo

05 August 2016 / Richard Harrison
Issue: 7710 / Categories: Features
printer mail-detail

Lessons from Chilcot

nlj_7710_harrison

Richard Harrison reflects on how an instructing solicitor would have interpreted Lord Goldsmith’s opinion on the legality of the Iraq war

The Chilcot Report is damning. It specifically did not conclude that the war was unlawful, but it concluded that the circumstances in which it was decided that there was a legal basis for UK military action were “far from satisfactory”. So it is worth reflecting on its conclusions about the advice received by the government to justify the legality of going to war.

As a commercial litigation solicitor, I am used to obtaining and deploying the opinions of suitably chosen and properly instructed barristers. I am used to assisting clients come to a decision based on the terms in which those opinions are expressed. The government was required to do the same thing with the advice of its chief legal adviser the attorney-general, Lord Goldsmith QC. What therefore should have been made of Lord Goldsmith’s opinion on the legality of the Iraq war?

7 March

The “advice” dated 7 March 2003, was originally released under considerable political pressure and was, it must be accepted, an

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

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
back-to-top-scroll