R Gentle & Clarke v The Prime Minister and Others
| Jurisdiction | England & Wales |
| Judge | Sir Anthony Clarke |
| Judgment Date | 12 December 2006 |
| Neutral Citation | [2006] EWHC 3119 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | Case No: C1/2006/0187 |
| Date | 12 December 2006 |
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
MR JUSTICE COLLINS
Before: Sir Anthony Clarke, Master Of The Rolls
Sir Igor Judge, President Of The Queen's Bench Division
and
Lord Justice Dyson
Case No: C1/2006/0187
Rabinder Singh QC and Richard Hermer (instructed by Public Interest Lawyers) for the Applicants
Jonathan Sumption QC, Philip Sales QC and Jemima Stratford (instructed by Treasury Solicitor) for the Respondents
Costs Application
Sir Anthony Clarke:
In this case the applicants seek an inquiry into the question whether the government took reasonable steps to be satisfied that the invasion of Iraq was lawful under the principle of international law.
We have provided a draft judgment to the parties which we have corrected in the light of suggestions made by counsel. Our detailed reasons are contained in the judgment, a copy of which will be available at the end of this short hearing. Our conclusions are summarised in paragraph 84 of the judgment as follows :
“We have every sympathy for the applicants. The deaths of their sons must be unbearable. However, the deaths will be investigated in detail. The only question which will not be investigated is the invasion question, namely whether the government took reasonable steps to be satisfied that the invasion of Iraq was lawful under the principles of public international law. We have reached the conclusion that the United Kingdom is not obliged to set up an independent inquiry into that question under article 2 of the Convention. Such an inquiry would inevitably involve, not only questions of international law, but also questions of policy, which are essentially matters for the executive and not the courts. The Convention does not contemplate that an inquiry set up pursuant to article 2 will consider either questions of international law...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
-
Susan Smith (on her own behalf and as administrator of the Estate of Philip Hewett, Deceased) (1st Appellant) Colin Redpath (on his own behalf and as Executor of the Will of Kirk James Redpath, Deceased) (2nd Appellant) Courtney Ellis (A Child) by her Litigation Friend Karla Ellis and Karla Ellis (3rd and 4th Appellants) v The Ministry of Defence
...Cyprus v Turkey [1975] 2 DR 125 [8], cited and dismissed by Lord Phillips at [49]) but also in Al-Skeini in the House of Lords and R (Gentle) v Prime Minister [2008] AC 1356, see Lord Phillips [21] and [31]. It is this reliance on Al-Skeini which, so the claimants contend, affords an opport......
-
R (AP and MP) v HMN Coroner for Worcestershire
...the state; and the Coroner was not acting unlawfully in not resuming the inquest. That concession was properly made (see, e.g., R (Gentle) v The Prime Minister [2008] UKHL 20; [2008] 1 AC 1356 at [6] per Lord Bingham, at [11] per Lord Hoffman, at [40] per Lord Rodger and at [54] per Barones......
- R (Smith) v Oxfordshire Assistant Deputy Coroner
-
R(K) v Secretary of State for the Home Department
...procedural one which is parasitic on alleged substantive breaches of the Article: see the observations of Lord Bingham of Cornhill R (Gentle) v Prime Minister [2008] UKHL 20;[2008] 1 AC 1356 para 6. The nature of that obligation is inextricably linked to the specific nature of the alleged b......
-
Liquidated Damages Not Recoverable Where Contract Terminated Prior To Completion
...Minter Ltd 1976 SC 73; and Gibbs v Tomlinson (1992) 35 Con LR 86. [2] Greenore Port Ltd v Technical & General Guarantee Company Ltd [2006] EWHC 3119; Shaw v MFP Foundations and Pilings Ltd [2010] EWHC 1839; LW Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd [2011] 4 SLR 477; a......