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 dissident in a London hotel, poison his tea, and he dies. The foreign state’s responsibility is clearly established by the evidence. Can the dissident’s representatives sue the foreign state in the High Court for damages for his wrongful death ? Or is the responsible foreign state immune from civil proceedings by virtue of the State Immunity Act 1978 (SIA 1978) ?’

Judges:

Mr Justice Julian Knowles

Citations:

[2022] EWHC 2199 (QB)

Links:

Bailii, Judiciary

Statutes:

State Immunity Act 1978

Jurisdiction:

England and Wales

Torts – Other, International

Updated: 24 August 2022; Ref: scu.680377