Dead soldier's families win right to challenge for full inquiry into why we invaded Iraq; 'Stunning victory' in Appeal Court will force evidence on war.

Byline: By JOHN ASTON 

THE families of British soldiers killed in Iraq yesterday claimed a "stunning victory" as the Court of Appeal ruled they could challenge the Government's refusal to hold a full public inquiry into the legality of Britain's decision to enter the conflict.

But the appeal judges warned them they faced "formidable hurdles" when the court hears their application for judicial review in November, and they were not being encouraged to think they would succeed.

A spokesman for Attorney General Lord Goldsmith said the Government would continue to argue the decision not to grant a public inquiry was "entirely reasonable".

But Liberal Democrat spokesman Michael Moore said the judgment "brings us one step closer to what the Government fears and the public expect: a full public inquiry on the war against Iraq".

The applicants are relatives of four servicemen who died in military action between 2003 and 2005.

A High Court judge ruled last December that they did not have an arguable case to go to a full judicial review hearing.

Yesterday's decision was taken by a panel of top judges - Master of the Rolls Sir Anthony Clarke, the President of the Queen's Bench Division of the High Court Lord Justice Judge, and Lord Justice Dyson.

The full hearing will take place before the same judges over two or three days, beginning on November 6.

The judges said they were "doubtful" that it would be appropriate to order a public inquiry of the kind being sought.

Permission for a hearing was being granted "because the case raises questions of considerable general importance which should, we think, be finally decided after full argument".

The families contend the UK has an implied obligation to hold an independent inquiry under Article Two of the European Convention of Human Rights.

Despite the judges' warning on the families' prospects of success, their solicitor, Phil Shiner, described the go-ahead as "a stunning victory" which would force the Government to put evidence before the judges on how the country was taken to war.

Mr Shiner said: "That evidence needs to establish once and for all whether the decision to invade was lawful.

"In particular, the Government must finally explain how the 13-page equivocal advice from the Attorney General of March 7, 2003, was changed within 10 days to a one-page completely unequivocal advice that an invasion would be legal.

"My clients believe he impermissibly changed his advice because he was sat on by the Prime Minister and others in Government.

"In changing his advice, he sent these soldiers to their deaths."

The action was brought by Peter Brierley, the father of Lance Corporal Shaun Brierley' Beverley Clarke, the mother of Trooper David Jeffrey Clarke' Rose Gentle, the mother of Fusilier Gordon Gentle, and Susan Smith, the mother of Private Phillip Hewett.

L/Cpl Brierley, 28, a father of one whose family are from Batley, West Yorkshire, was serving with 212 Signals Squadron when he was killed in a crash in Kuwait in March 2003.

Trooper Clarke, 19, from Littleworth, Staffordshire, died in March 2003 in a "friendly fire" incident west of Basra.

Fusilier Gentle, 19, from Glasgow, of the Royal Highland Fusiliers, died in June 2004 in Basra.

Pte Hewett, 21, from Tamworth, Staffs, was one of three soldiers from C Company, the 1st Battalion Staffordshire Regiment, who died in a bomb blast in July 2005.

CAPTION(S):

From left, Shaun Brierley, David Clarke, Phillip Hewett and Gordon Gentle, who died during the conflict in Iraq