The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, arrangements were put in place to begin to pay the respondent’s creditors, and debt … Continue reading SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012
A commercial debt due to the claimant from the former Iraqi government, and for which judgment had been obtained in France, had been bought from receivers by the new Iraqi Development fund. The appellants sought to secure their judgment in full by a Third Party Debt Order. The respondents had certified it to be a … Continue reading Servaas Incorporated v Rafidain Bank and Others: CA 3 Nov 2011
Application for third party debt order. Judges: Arnold J Citations: [2010] EWHC 3287 (Ch) Links: Bailii Statutes: State Immunity Act 1978 13(4) Jurisdiction: England and Wales Cited by: See Also – Servaas Incorporated v Rafidain Bank and Others ComC 14-Dec-2010 The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen … Continue reading Servaas Inc v Rafidain Bank and Others: ChD 14 Dec 2010
The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The appellant sought a third party debt order, but the respondent relied … Continue reading Servaas Incorporated v Rafidain Bank and Others: ComC 14 Dec 2010
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in 1978. It is highly unlikely that Parliament intended to require United Kingdom courts to act contrary … Continue reading Alcom Ltd v Republic of Colombia: HL 1984
