Lord Sumner suggested that in the absence of a clear statement of the position from the Government, the court might be entitled to decide whether a defendat had the benefit of state immunity for itself on the basis of the evidence before it.
A foreign state cannot be impleaded in the English courts without its consent.
Lord Cave said that as regards state immunity: ‘It is the duty of the Court to accept the statement of the Secretary of state thus clearly and positively made as conclusive upon the point.’
Judges:
Lord Sumner, Lord Cave
Citations:
[1924] AC 797, [1924] All ER 1
Jurisdiction:
England and Wales
Citing:
Reversed – British Wagon Co Ltd v Gray 1896
. .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
International
Updated: 07 August 2022; Ref: scu.441560