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R (Gentle) v (1) Prime Minister (2) Secretary of State for Defence (3) Attorney General

Permission to apply for judicial review of the British government’s refusal to hold an independent inquiry into the circumstances that led to the invasion of Iraq was granted because the claim raised issues of general importance that should be heard.

4 August 2006

The applicants (G) applied for permission to appeal against an order refusing permission to claim judicial review of the government’s refusal to hold an independent inquiry into the circumstances that led to the invasion of Iraq. G were close relatives of four members of the British armed forces killed during the war in Iraq. G sought to bring a claim for judicial review because they considered that there was a serious question of whether the invasion was illegal, which they claimed was a question of international law, and that it was in the public interest that it should be fully considered by an independent inquiry. G argued that the UK had an implied obligation to hold an independent inquiry under Art 2 of the European Convention on Human Rights 1950, and that the purpose of the proposed investigation was to ensure that the full facts were brought to light, to expose culpable and discreditable conduct and to save the lives of others in future.

HELD: Application granted

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