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
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
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
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
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
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
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
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
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
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
(Ontario Court of Appeal) Florida state officials were sued for alleged conspiracy maliciously to prosecute and to kidnap and detain the claimant, in order to blackmail him into giving up a civil suit. Held: It is the character of the act, rather than its purpose, that determines a claim for immunity in respect of the … Continue reading Jaffe v Miller: 1993
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
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
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
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
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
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
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
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
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
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
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
(German Supreme Court) A claim to immunity by the defendant (the ‘Head of New Scotland Yard’) was not ‘derived from his person’, but was based on the fact that the act on which the claimant sued was ‘a sovereign act of State which can only be attributed to the British State and not to him … Continue reading Church of Scientology: 1978
India did not appear at court to take a point on jurisdiction under the 1978 Act. The Court asked for the appointment of an amicus to assist it. Held: The court has a duty under statute to give the effect to the immunity conferred, even though the state does not appear to claim it. As … Continue reading Sengupta v Republic of India: 1983
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
(Jurisdictional Points, Practice and Procedure) In advance of a preliminary hearing to determine whether the Appellant benefited from state immunity under the State Immunity Act 1978, the First Respondent and the former Second Respondent (whose claim has since been withdrawn) sought an order for specific disclosure, following the standard disclosure previously given by the Appellant. … Continue reading Kuwait Investment Office v Hard: EAT 30 Mar 2022
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
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
In 1885 the Sultan of Johore came to England, and according to the plaintiff, Miss Mighell, took the name Albert Baker and promised to marry her. Held: The Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly concealed the fact that he is a sovereign, and has acted … Continue reading Mighell v Sultan of Johore: CA 1 Dec 1893
Appeal against rejection of plea under the 1978 Act in defence to contract claim. Aikens, Pitchford, Bean LJJ [2015] EWCA Civ 481 Bailii State Immunity Act 1978 England and Wales Contract, Jurisdiction Updated: 30 December 2021; Ref: scu.546771
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
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
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 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
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
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
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 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
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action. Held: The appeal succeeded. The immunity from civil suit in negligence or contract for an expert … Continue reading Jones v Kaney: SC 30 Mar 2011
(Plenary Court) The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally . .
Commercial interactions with foreign states are governed by the State Immunity Act 1978 (‘SIA’). This appeal raises questions about how to enforce an arbitral award (the ‘Award’) against a foreign state within this framework, namely whether: 1. the . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
References: [1939] AC 256 Coram: Lord Atkin 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. … Continue reading Government of the Republic of Spain v SS ‘Arantzazu Mendi’: HL 1939
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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
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
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
Enforcement of arbitration award – state immunity Judges: Henshaw J Citations: [2021] EWHC 894 (Comm), [2021] WLR(D) 203 Links: Bailii, WLRD Statutes: State Immunity Act 1978, Arbitration Act 1996 Jurisdiction: England and Wales Arbitration, International Updated: 22 November 2022; Ref: scu.662363
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
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
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
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
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
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
Grand Chamber – The applicant alleged that he had been deprived of his right of access to a court as a result of the immunity from jurisdiction upheld by the domestic courts.This was a claim for unfair dismissal, brought before the French courts by the head of the accounts department of the Kuwaiti embassy in … Continue reading Sabeh El Leil v France: ECHR 29 Jun 2011
The applicants were relatives of persons who had been killed in the NATO air-raid on Belgrade in 1999. The raid was said to be an act of war in violation of international law. It had been launched from bases in Italy. The Corte de Cassazione had held that by a rule of substantive law the … Continue reading Markovic and Others v Italy: ECHR 14 Dec 2006
‘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
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
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
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
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
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
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
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
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
‘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
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
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
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
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
(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
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
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia. Held: The international system of arbitration was not subject to any national law and did not therefore amount to legal proceedings which would be capable of supporting the sort of relief claimed. The … Continue reading ETI Euro Telecom International Nv v Republic of Bolivia and Another: CA 28 Jul 2008
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
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 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
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
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
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
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
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
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
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
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
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
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
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
The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had certified that the defendant was a head of State but the A-G … Continue reading Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service: Admn 25 Nov 2005
The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity. Held: Section 2(7) of the 1978 Act does not have the effect that only a submission by the … Continue reading Aziz v Republic of Yemen: CA 17 Jun 2005
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK … Continue reading Aziz v Aziz and others: CA 11 Jul 2007
Mr Justice Calvert [2021] EWHC 2512 (Comm) Bailii, Judiciary State Immunity Act 1978 1 14 England and Wales International, Torts – Other Updated: 20 December 2021; Ref: scu.668396
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
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
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
LRA Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues … Continue reading The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009
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
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
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
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
