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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 of Iraq had been illegal was not justiciable because it would

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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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