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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

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

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

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

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

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

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