Search Results for: State Immunity Act 1978 1 4

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Dynasty Company for Oil and Gas v Trading Ltd v The Kurdistan Regional Government of Iraq and Another: ComC 4 Mar 2020

Application made by the second defendant for an order that, in effect, bifurcates the determination of issues concerning the jurisdiction of the court to entertain a claim brought by the claimant against the second defendant. The order sought is for an order that a hearing be limited to the determination to (i) whether the second … Continue reading Dynasty Company for Oil and Gas v Trading Ltd v The Kurdistan Regional Government of Iraq and Another: ComC 4 Mar 2020

Statham and Statham v Gaekwar of Baroda: 1892

The certificate of the Secretary of State confirmed the state immunity of the defendant. Citations: [1892] P 92 Jurisdiction: England and Wales Cited by: Cited – Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service Admn 25-Nov-2005 The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign … Continue reading Statham and Statham v Gaekwar of Baroda: 1892

Wilhelm Finance Inc v Ente Administrador Del Astillero Rio Santiago: ComC 19 May 2009

The defendant sought to have leave for substituted service to be set aside, saying that it was a state owned entity with immunity under the 1978 Act. Judges: Teare J Citations: [2009] EWHC 1074 (Comm), [2009] 1 CLC 867 Links: Bailii Statutes: State Immunity Act 1978 Jurisdiction: England and Wales Litigation Practice Updated: 05 December … Continue reading Wilhelm Finance Inc v Ente Administrador Del Astillero Rio Santiago: ComC 19 May 2009

AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003

AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. … Continue reading AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003

Powell and Another v Boldaz and others: CA 1 Jul 1997

The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997

Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

Diplomatic immunity had not been waived by an Australian policeman acting in breach of a court undertaking re documents. The effect of s14(1) was to give state officials protection ‘under the same cloak’ as the state itself: ‘The protection afforded by the Act of 1978 to States would be undermined if employees, officers (or, as … Continue reading Propend Finance Property Ltd and Others v Sing and Another: CA 17 Apr 1997

SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012

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

Regina v Ward (Judith): CACD 15 Jul 1992

The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992

Taurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq: CA 28 Jul 2015

The parties had contractual disputes as to letters of credit governed by Iraqi law. The arbitration was in London applying Iraqi law. They now disputed whether the Enforcement of arbitration award was as an award made in London. Each appealed against elements of the orders made at first instance. Held: The appeals and cross appeals … Continue reading Taurus Petroleum Ltd v State Oil Company of The Ministry of Oil, Republic of Iraq: CA 28 Jul 2015

Servaas Incorporated v Rafidain Bank and Others: CA 3 Nov 2011

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

Taurus Petroleum Ltd v State Oilmarketing Company: ComC 18 Nov 2013

The parties referred their contract disputes to an arbitration in London which was to apply Iraqi law. As to enforcement of the award, the defendant denied that they were situated in London. Held: The debts were situated in London rather than New York and that SOMO was a separate entity from the state of Iraq … Continue reading Taurus Petroleum Ltd v State Oilmarketing Company: ComC 18 Nov 2013

Singh v Moorlands Primary School and Another: CA 25 Jul 2013

The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013

Awoyomi v Radford and Another: QBD 12 Jul 2007

The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of imprisonment, but sought to persuade her to change her plea. When she did … Continue reading Awoyomi v Radford and Another: QBD 12 Jul 2007

Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners): HL 1983

The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba might appear to be entitled to plead the state immunity, it should … Continue reading Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners): HL 1983

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015

The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

Empresa Exportadora de Azucar v Industria Azucarera Nacional S.A, The Playa Larga: CA 1983

There had been a theft by Cuban sellers of one cargo of sugar, property in which had already passed to the buyers, and non-delivery of a second combined with trickery whereby the intended buyers were nonetheless induced to pay its price. The first cargo was on a vessel which was discharging at its Chilean discharge … Continue reading Empresa Exportadora de Azucar v Industria Azucarera Nacional S.A, The Playa Larga: CA 1983

Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium) (2000-2002): ICJ 14 Feb 2002

‘In customary international law, the immunities accorded to Ministers for Foreign Affairs are not granted for their personal benefit, but to ensure the effect of the performance of their functions on behalf of their respective States. In order to determine the extent of these immunities, the Court must therefore consider the nature of the functions … Continue reading Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium) (2000-2002): ICJ 14 Feb 2002

Alcom Ltd v Republic of Colombia: HL 1984

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

Compania Naviera Vascongado v Steamship “Cristina”: HL 1938

A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to set aside the writ and arrest of the ship is to be found in … Continue reading Compania Naviera Vascongado v Steamship “Cristina”: HL 1938

Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

Golder v The United Kingdom: ECHR 21 Feb 1975

G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Playa Larga (Owners of Cargo Lately Laden on Board) v I Congreso del Partido (Owners): QBD 1978

The trading or commercial activities of states are not protected by state immunity. The basic principle of international law is that all states are equal, the rule is ‘par in parem non habet imperium’. Citations: [1978] QB 500 Jurisdiction: England and Wales Cited by: Cited – BP Exploration Operating Co Ltd v Chevron Transport (Scotland) … Continue reading Playa Larga (Owners of Cargo Lately Laden on Board) v I Congreso del Partido (Owners): QBD 1978

Waite and Kennedy v Germany: ECHR 18 Feb 1999

The grant of immunity from the jurisdiction of the national court to an international organisation according to a long-standing practice essential for ensuring the proper functioning of these organisations free from unilateral interference by individual governments had a legitimate aim, measured up to the test of proportionality and did not involve a violation of article … Continue reading Waite and Kennedy v Germany: ECHR 18 Feb 1999

Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

Servaas Inc v Rafidain Bank and Others: ChD 14 Dec 2010

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

Al-Masarir v Kingdom of Saudi Arabia: QBD 19 Aug 2022

‘Suppose, to take a not entirely theoretical example, a foreign state (not, I emphasise, the Defendant) sends two agents to the UK to kill a dissident opponent by poisoning him. The operation is planned abroad. The radioactive poison is made abroad. The operatives bring the poison into the UK from abroad. They meet with the … Continue reading Al-Masarir v Kingdom of Saudi Arabia: QBD 19 Aug 2022

Pocket Kings Ltd v Safenames Ltd and Another: ChD 16 Oct 2009

Claimant’s application for summary judgment in default of acknowledgment of service – forfeiture of internet domain names Judges: Michael Furness QC Citations: [2009] EWHC 2529 (Ch), [2010] 2 WLR 1110, [2010] Ch 438 Links: Bailii Statutes: State Immunity Act 1978 Jurisdiction: England and Wales Litigation Practice, Intellectual Property, Licensing Updated: 16 August 2022; Ref: scu.377218

Apex Global Management Ltd v FI Call Ltd and Others: ChD 19 Mar 2013

The court considered a claim to sovereign immunity made on behalf of respondents who were the half brother of the sovereign and his son. They lived apart from the sovereign but claimed to be members of his household. Held: The claims to immunity failed. Claims made by family members other than the very closest might … Continue reading Apex Global Management Ltd v FI Call Ltd and Others: ChD 19 Mar 2013

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Jones And Others v The United Kingdom: ECHR 14 Jan 2014

ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014

Brown v Rice and Another: ChD 14 Mar 2007

The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007

Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

The claimants sought damages in defamation in respect of a letter faxed by the first defendant to the other defendants in London. The first defendant said that it had state immunity, and the other claimed similar benefits acting as the bank’s employees. The claimant now appealed against his action being struck out for lack of … Continue reading Grovit v De Nederlandsche Bank Nv and Others: CA 24 Jul 2007

The Owners of The Ship Philippine Admiral (Philippine Flag) v Wellem Shipping (Hong Kong) Limited and Another: PC 5 Nov 1975

(Hong Kong) Sovereign immunity was denied to state trading ships, restricting the extent of state immunity. Citations: [1975] UKPC 21, [1977] AC 373, [1976] 1 Lloyd’s Rep 234, [1976] 1 All ER 78, [1976] 2 WLR 214 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Jones v Ministry of Interior for the Kingdom … Continue reading The Owners of The Ship Philippine Admiral (Philippine Flag) v Wellem Shipping (Hong Kong) Limited and Another: PC 5 Nov 1975

Mauritius Tourism Promotion Authority v Min: EAT 24 Nov 2008

EAT JURISDICTIONAL POINTS: Excluded employments The issue in this case is whether the Employment Tribunal was entitled to refuse to review three earlier decisions in which it had concluded that the respondent Authority could not claim state immunity because the claimant fell into one of the exceptions in section 4 of the State Immunity Act … Continue reading Mauritius Tourism Promotion Authority v Min: EAT 24 Nov 2008

Svenska Petroleum Exploration Ab v Lithuania and Another (No 2): CA 13 Nov 2006

The defendant state could not now claim state immunity to avoid enforcement of an arbitration award, having agreed to the reference to arbitration in writing. Held: A person against whom an award has been made is not bound to challenge it before the supervisory court in order to challenge its enforcement in another jurisdiction.‘In our … Continue reading Svenska Petroleum Exploration Ab v Lithuania and Another (No 2): CA 13 Nov 2006

A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

Svenska Petroleum Exploration Ab v Lithuania and Another (No 2): ComC 4 Nov 2005

The court was asked whether a claim to enforce an arbitration award constituted ‘proceedings relating to’ the transaction that gave rise to the award for the purposes of section 3(1)(a). Held: It did not. Judges: Gloster J, DBE Citations: [2005] EWHC 2437 (Comm), [2006] 1 Lloyd’s Rep 181 Links: Bailii Statutes: State Immunity Act 1978 … Continue reading Svenska Petroleum Exploration Ab v Lithuania and Another (No 2): ComC 4 Nov 2005

United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994

At a preliminary hearing, when the respondent failed to appear, the tribunal decided that it had jurisdiction to hear a case brought by the claimant against the respondent despite the 1978 Act. The respondent sought to appeal out of time. Held: The Appeal Tribunal should pay regard also decisions on the procedure and practice of … Continue reading United Arab Emirates v Abdelghafar and others: EAT 29 Jul 1994

United Arab Emirates v Abdelghafar and Another: EAT 10 Jul 1995

The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal. Held: The tribunal had erred. Though Sengupta had been decided under common law, it remained instructive. Though the tribunal had cited the section, it had not applied it correctly. … Continue reading United Arab Emirates v Abdelghafar and Another: EAT 10 Jul 1995

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Cudak v Lithuania: ECHR 23 Mar 2010

Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010

Regina v Mills, Regina v Poole: HL 24 Jul 1997

The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is not in conformity with the principles relating to disclosure established … Continue reading Regina v Mills, Regina v Poole: HL 24 Jul 1997

Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982

The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its return. Held: The appeal succeeded. The section could only take effect once forfeiture had … Continue reading Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982

Holland v Lampen-Wolfe: CA 30 Jul 1998

A US citizen acting in course of employment as educational officer on US military base in the UK enjoyed state immunity from liability for defamation. This applied though he was a civilian and the State Immunity Act 1978 did not apply. Judges: Nourse, Hutchison LJJ, Sir John Balcombe Citations: Times 29-Aug-1998, Gazette 23-Sep-1998, [1998] EWCA … Continue reading Holland v Lampen-Wolfe: CA 30 Jul 1998

Regina v Brown (Winston): HL 20 Feb 1997

The victim had been stabbed outside a nightclub. Two witnesses identified the defendant. The defendants complained that evidence had not been disclosed to them. Held: There is no duty at common law on the prosecution to warn the defence of material which might be used to attack the credibility of defence witnesses. Fairness, so far … Continue reading Regina v Brown (Winston): HL 20 Feb 1997

Bank of Credit and Commerce International (Overseas) Ltd (In Liqidation) and Others v Price Waterhouse and Others, Abu Dhabi Etc: ChD 25 Jun 1997

A banker disclosing information about a customer’s business affairs save under lawful requirement, would commit a criminal offence. The head of a member of a Federation, the Ruler of Abu Dhabi, was not entitled to immunity while the President of the entity of which Abu Dhabi formed part, namely the United Arab Emirates, was entitled … Continue reading Bank of Credit and Commerce International (Overseas) Ltd (In Liqidation) and Others v Price Waterhouse and Others, Abu Dhabi Etc: ChD 25 Jun 1997

Kuwait Airways Corporation v Iraqi Airways Co and Another: HL 25 Jul 1995

The service of a writ was effective even though it was on a junior employee, provided he was in apparent charge of the office. Sovereign immunity granted to corporation only if acts are governmental acts. Citations: Times 25-Jul-1995, Gazette 13-Sep-1995, Independent 15-Aug-1995 Statutes: State Immunity Act 1978 14 Jurisdiction: England and Wales Litigation Practice Updated: … Continue reading Kuwait Airways Corporation v Iraqi Airways Co and Another: HL 25 Jul 1995

Sayce v Ameer Ruler Sadig Mohommed Abbasi Bahawalpur State: CA 1952

The court upheld a decision that the defendant was the ruler of Bahawalpur State which had been an independent state prior to the passing of the Indian Independence Act 1947 and the accession of that State to the Dominion of Pakistan. It was decisive that the British government had stated in a letter first that … Continue reading Sayce v Ameer Ruler Sadig Mohommed Abbasi Bahawalpur State: CA 1952

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Duff Development Company Limited v Government of Kelantan: HL 1924

In a case of any uncertainty as to the diplomatic status of a defendant, a Secretary of State should be asked for the necessary information. The House considered a certificate of recognition provided for the defendant: ‘It is the duty of the Court to accept the statement of the Secretary of state thus clearly and … Continue reading Duff Development Company Limited v Government of Kelantan: HL 1924

Government of the Republic of Spain v SS “Arantzazu Mendi”: HL 1939

The House considered the weight to be given to a certificate as to a statement by HM government as to the recognition of the defendant as a sovereign state: ‘Our State cannot speak with two voices on such a matter, the judiciary saying one thing, the executive another. Our Sovereign has to decide whom he … Continue reading Government of the Republic of Spain v SS “Arantzazu Mendi”: HL 1939

Littrell v Government of the United States of America and Another (No 2): CA 24 Nov 1993

The plaintiff claimed damages for personal injuries arising from medical treatment which he had received at a United States military hospital in the United Kingdom while a serving member of the United States Air Force. Held: Section 16(2) applied and therefore the case fell to be decided at common law. The acts complained of took … Continue reading Littrell v Government of the United States of America and Another (No 2): CA 24 Nov 1993

Osman v The United Kingdom: ECHR 28 Oct 1998

Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998

Ahmed v Government of the Kingdom of Saudi Arabia: CA 1996

Where a defence had been filed to an action without a claim for state immunity having been made, it would have to be shown that the head of mission had submitted to the jurisdiction. Judges: Peter Gibson LJ Citations: [1996] ICR 25 Statutes: State Immunity Act 1978 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Ahmed v Government of the Kingdom of Saudi Arabia: CA 1996

Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004

The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004

Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996

The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he had in consequence suffered psychological damage after returning to and … Continue reading Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996

Mellenger v New Brunswick Development Corporation: CA 1971

An entity which is constituted in such a way that its purpose is to assist, promote and advance the industrial development, prosperity and economic welfare of the area in which it operates, can be seen as effectively carrying out government policy in the way that a government department does and therefore to assume the position … Continue reading Mellenger v New Brunswick Development Corporation: CA 1971

Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria De Borbon Y Borbon: QBD 24 Mar 2022

Whether, by operation of the State Immunity Act 1978, the Defendant is immune from the jurisdiction of the Court in respect of all or part of a claim for harassment brought against him by the Claimant. Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 668 (QB) Links: Bailii, Judiciary Jurisdiction: England and Wales Torts … Continue reading Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria De Borbon Y Borbon: QBD 24 Mar 2022

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

PCL and Others v The Y Regional Government of X: ComC 23 Jan 2015

The Defendant, YRG applied to set aside without notice orders permitting the Claimants to serve an arbitration claim form and other documents on YRG at the address of their solicitors in the jurisdiction and setting down an expedited timetable for the determination of the arbitration claim, and abridging the time for filing an acknowledgment of … Continue reading PCL and Others v The Y Regional Government of X: ComC 23 Jan 2015

Republic of Argentina v NML Capital Ltd: CA 4 Feb 2010

The appellant republic appealed against an order allowing the enforcement against it of a judgment obtained in the US by the claimant. There is no treaty between the US and the UK for the mutual recognition and enforcement of judgments, and an action must be brought on the judgment. The action pleaded the waiver of … Continue reading Republic of Argentina v NML Capital Ltd: CA 4 Feb 2010

The European Union (Represented By The European Investment Bank) and Another v The Syrian Arab Republic: ComC 2 Feb 2018

State immunity- Service of claim- Applicant sending e-mails instituting claim against foreign state to state’s foreign and commonwealth office- Whether documents validly served Teare J [2018] EWHC 181 (Comm), [2018] WLR(D) 330 Bailii, WLRD State Immunity Act 1978 12(1) England and Wales International Updated: 06 December 2021; Ref: scu.617004

Harb v HRH Prince Abdul Aziz: ChD 9 Jun 2014

The Defendant applies under CPR 11.1 for an order declaring that the court has no jurisdiction to try this claim against him on the grounds that the claim is barred by the defence of state immunity under the State Immunity Act 1978. Rose J [2014] EWHC 1807 (Ch), [2014] 1 WLR 4437, [2015] 1 All … Continue reading Harb v HRH Prince Abdul Aziz: ChD 9 Jun 2014

Benkharbouche v Embassy of The Republic of Sudan (Jurisdictional Points : State Immunity): EAT 4 Oct 2013

EAT STATE IMMUNITY A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity, which were upheld by two separate ETs. They appealed on the basis that the plea of immunity denied them … Continue reading Benkharbouche v Embassy of The Republic of Sudan (Jurisdictional Points : State Immunity): EAT 4 Oct 2013

Janah v Libya (Jurisdictional Points : State Immunity): EAT 4 Oct 2013

EAT STATE IMMUNITY A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity, which were upheld by two separate ETs. They appealed on the basis that the plea of immunity denied them … Continue reading Janah v Libya (Jurisdictional Points : State Immunity): EAT 4 Oct 2013

The Republic of Ireland v The United Kingdom: ECHR 18 Jan 1978

The UK lodged a derogation with the Court as regards its human rights obligations in Northern Ireland because of the need to control terroist activity. The Government of Ireland intervened. From August 1971 until December 1975 the UK authorities exercised a series of ‘extrajudicial’ powers of arrest, detention and internment in Northern Ireland. The case … Continue reading The Republic of Ireland v The United Kingdom: ECHR 18 Jan 1978

Jones v Governing Body of Burdett Coutts School: CA 2 Apr 1998

The Employment Appeal Tribunal must give reasons for its decision, if it chooses to allow the amendment of appeal the papers in order to hear a point of law which had been conceded in the industrial tribunal. Citing Liverpool Corporation v Wilson, ‘if a point of law goes to jurisdiction, that may be a good … Continue reading Jones v Governing Body of Burdett Coutts School: CA 2 Apr 1998

Matthews v Ministry of Defence: HL 13 Feb 2003

The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and … Continue reading Matthews v Ministry of Defence: HL 13 Feb 2003

Chaytor and Others, Regina v: SC 1 Dec 2010

The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no jurisdiction to try them because of parliamentary privilege. Held: The appeals were dismissed. Neither Article 9 … Continue reading Chaytor and Others, Regina v: SC 1 Dec 2010

Regina v H; Regina v C: HL 5 Feb 2004

Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004

Total Network Sl v Revenue and Customs: HL 12 Mar 2008

The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008

Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010

EAT PRACTICE AND PROCEDURE – Review Claim under Disability Discrimination Act 1995 dismissed at PHR because Claimant not available to give evidence as to long-term effect of injury – Judge willing to offer adjournment if absence of Claimant had been explained and adjournment applied for – Counsel tells Judge that he does not know reason … Continue reading Council of The City of Newcastle Upon Tyne v Marsden (Rev 1): EAT 23 Jan 2010

Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978

Extent of Counsel’s Immunity in Negligence The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings. Held: A barrister’s immunity from suit extended only to such pre-trial work as was intimately connected with the conduct of the case … Continue reading Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978

The Federal Republic of Nigeria v Ogbonna: EAT 12 Jul 2011

nigeria_ogbonnaEAT2011 EAT JURISDICTIONAL POINTS – State immunityA claim for compensation for psychiatric illness caused by unlawful discrimination is a claim for ‘personal injury’ within the meaning of section 5 of the State Immunity Act 1978 and an employment tribunal accordingly has jurisdiction to entertain such a claim by an employee of a state even if … Continue reading The Federal Republic of Nigeria v Ogbonna: EAT 12 Jul 2011

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 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

Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

D v National Society for the Prevention of Cruelty to Children: HL 2 Feb 1977

Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers. Lord Simon of Glaisdale said: ‘I cannot leave this particular class of relevant evidence withheld from the … Continue reading D v National Society for the Prevention of Cruelty to Children: HL 2 Feb 1977

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Embassy of Brazil v De Castro Cerqueira: EAT 28 Mar 2014

EAT Jurisdictional Points : State Immunity – An employee at the Brazilian Embassy in London was dismissed having reached the age of 70. He contended that he had been unfairly dismissed and that the dismissal constituted unlawful jurisdiction on the grounds of age. The claim form was served in accordance with the provisions of section … Continue reading Embassy of Brazil v De Castro Cerqueira: EAT 28 Mar 2014

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Rondel v Worsley: HL 1967

Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967