If a foreign made law was in breach of clearly established international law, then an English court should not recognise it. To do otherwise would be contrary to public policy. An interference with goods pursuant to such a law was actionable in damages. The Iraqi government passed a resolution dissolving the claimant corporation after invading its home territory, and transferred its assets to the defendant. That law was void. Losses flowing naturally from it were recoverable.
Judges:
Lord Justice Rix Lord Justice Brooke Lord Justice Henry
Citations:
Gazette 15-Dec-2000, Times 21-Nov-2000, [2000] EWCA Civ 284, [2001] 3 WLR 1117
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Buck v Attorney General CA 2-Jan-1965
By an action for declaratory relief, a challenge was offered to the validity of the Order in Council giving effect to the 1961 Act.
Held: The appeal failed. As a matter of international comity an English court should not grant declarations . .
Cited by:
Appeal from – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
Cited – Korea National Insurance Company v Allianz Global Corporate and Specialty Ag ComC 18-Nov-2008
The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .
Cited – Korea National Insurance Corp (KNIC) v Allianz Global Corporate and Speciality Ag CA 2-Dec-2008
The insurance company appealed against refusal of the court to decline to enforce a judgment entered against it by the courts of North Korea. It had argued that the insurance policy had been obtained by fraud of the NK government, and that the court . .
Lists of cited by and citing cases may be incomplete.
International
Updated: 31 May 2022; Ref: scu.147317