The republic appealed the striking out of its claims for the return of artefacts which formed part of its national heritage and were alleged to have been unlawfully removed.
Held: The claim was not an attempt to apply a foreign penal law. There were positive reasons of publc policy as to why such claims should not be shut out. A refusal to allow a foreign state to assert title to such antiquities would render impossible similar claims by the UK If Iran could show that it had a title, it should be allowed to enforce that title.
Citations:
[2007] EWCA Civ 1374, Times 07-Jan-2008
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Iran v The Barakat Galleries Ltd QBD 29-Mar-2007
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .
Lists of cited by and citing cases may be incomplete.
International, Torts – Other
Updated: 15 September 2022; Ref: scu.263406