Judge rejects challenge to legal advice on Iraq war

JOHN ASTON

Scotsman
13th September 2005

THE Attorney General's advice to the government on the legality of going to war with Iraq is not open to challenge in the courts, a senior judge has ruled.

Mr Justice McCombe, sitting at the High Court in London, rejected an application by Chris Coverdale for permission to seek judicial review of what he described as "wrong and useless" advice which led Britain into an illegal war.

Mr Coverdale, unemployed, from Wimbledon, south-west London, was backed by other members of the 30- to 40-strong human rights pressure group Action Against War.

Appearing in person, he asked the court for permission to seek orders to force the Attorney General, Lord Goldsmith QC, to replace his "incorrect advice" with the correct advice.

Mr Coverdale, 59, told the court: "It was wrong all the way through and was really nonsense in terms of legal advice."

He said the lives of British soldiers were still being lost as a result of the "illegal act" of going to war, and the courts should now intervene.

Rejecting Mr Coverdale's application, the judge said legal advice taken by the government was like advice taken by any other corporate organisation and not open to legal challenge.

The judge said he was not saying one way or the other what the rights or wrongs of the argument raised by Mr Coverdale might be.

Mr Coverdale was ordered to pay £2,492 towards the government's legal costs in opposing his application.

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Note-

a big chunk out of Chris's giro but it works out cheaper than taking out an advert in all the national papers that reported it saying the same thing.

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