swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
International - From: 1996 To: 1996
This page lists 16 cases, and was prepared on 08 August 2015.
Tabion -v- Mufti; 1996 - (1996) 73F 3d 535; (1996) 107 ILR 452
Milor SRL and Others -v- British Airways Plc; CA 15-Feb-1996 - Times, 15 February 1996; [1996] QB 702
Al-Adsani -v- Government of Kuwait and Others (No 2) Times, 29 March 1996; (1996) 107 ILR 536
29 Mar 1996
CA
Stuart-Smith LJ, Ward LJ
International, Constitutional
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he had in consequence suffered psychological damage after returning to and while in England. The Government of Kuwait applied to set aside the service on it, and for a declaration that it had immunity under s.1(1) of the 1978 Act. Held: The State of Kuwait was entitled to state immunity from a claim for damages for torture. The Act was a comprehensive code. Although international law prohibited torture, no express or implied exception to immunity existed in cases of torture. The draftsman of the State Immunity Act must have been well aware of the numerous international conventions covering torture (although he could not, of course, have been aware of the convention against torture in 1984). If civil claims based on acts of torture were intended to be excluded from the immunity afforded by section 1(1) of the Act of 1978, because of the horrifying nature of such acts, or because they are condemned by international law, it is inconceivable that section 1(1) would not have said so.
Ward LJ: (As to the 1978 Act) "Unfortunately, the Act is as plain as plain can be. A foreign state enjoys no immunity for acts causing personal injury committed in the United Kingdom and if that is expressly provided for the conclusion is impossible to escape that state immunity is afforded in respect of acts of torture committed outside this jurisdiction."
Stuart-Smith LJ: "At common law a sovereign state could not be sued at all against its will in the courts of this country. The 1978 Act, by the exceptions therein set out, makes substantial inroads into this principle. It is inconceivable, it seems to me, that the draftsman, who must have been well aware of the various international agreements about torture, intended section 1 to be subject to an overriding qualification."
State Immunity Act 1978 1(1)
1 Cites
1 Citers
Boss Group Ltd -v- Boss France Sa Times, 15 April 1996
15 Apr 1996
CA
International
A plaintiff whilst denying a contract can rely on the defendant's assertion of it to found jurisdiction.
Philip Alexander Securities and Futures Ltd -v- Bamberger & Others Independent, 08 July 1996
8 May 1996
ComC
Waller J
International, Consumer, Arbitration
ComC Consumer contracts - arbitration provision - Consumer Arbitration Agreements Act 1988 - exceptions - sections 2(b), 4 : European Union - Consumer contracts - arbitration provision - Consumer Arbitration Agreements Act 1988 - exceptions - section 2(a) - distinction between domestic and non-domestic consumers - discrimination - Article 6 EC - freedom to provide services - restriction - Article 59 EC - breach of European law - disapplication of section 2(a) : Consumer contracts - arbitration provision - ruling on application of arbitration provision by courts of Contracting State - Brussels Convention article 1(4) - exclusion of arbitration - meaning - Brussels Convention article 27(4), 28
Consumer Arbitration Agreements Act 1988
1 Citers
Airbus Industrie Gie -v- Patel and Others Times, 21 May 1996
21 May 1996
QBD
International
A court may grant an anti-suit injunction restricting proceedings but only very rarely.
1 Citers
Mohammed -v- Bank of Kuwait and the Middle East Ksc Times, 30 May 1996
30 May 1996
CA
International
Whether justice available elsewhere is relevant to forum non conveniens claim.
William Grant & Sons International Ltd -v- Marie-Brizard & Roger International Sa Times, 01 July 1996
1 Jul 1996
OHCS
International
Scots proceedings re distribution agreement were stayed pending outcome of French case.
Legality of the Use by A State of Nuclear Weapons (Request for Adv Opinn by Who) Times, 18 July 1996
18 Jul 1996
ICJ
International
Advisory opinion from ICJ can only be given where in remit of requesting body.
1 Citers
Legality of the Threat or Use of Nuclear Weapons (Request for Advice and Opinion by Un) Times, 18 July 1996; (1996) 110 ILR 161
18 Jul 1996
ICJ
International
The threat or actual use of nuclear weapons must only be in accordance with treaties, but if so was not unlawful.
1 Cites
1 Citers
Airbus Industrie Gie -v- Patel and Others Times, 12 August 1996; Gazette, 02 October 1996
12 Aug 1996
CA
Litigation Practice, International
The policy allowing restraint of foreign proceedings was not limited to protecting proceedings here. An injunction to restrain proceedings given here after a dismissal of a similar case in the US was proper.
1 Cites
1 Citers
Hendrikman and Another -v- Magenta Druck & Verlag Gmbh Times, 17 October 1996
17 Oct 1996
ECJ
International, European
Judgment obtained in ignorance of defendants is not enforceable in other EU state.
Percy -v- Moore [1996] EWHC Admin 222
13 Nov 1996
Admn
International
Appeal against dismissal of claim for assault against US airbase guard for want of jurisdiction.
Visiting Forces Act 1952 3
[ Bailii ]
Daad Sharab -v- Usama Salfiti Times, 13 February 1997; [1996] EWCA Civ 1189
12 Dec 1996
CA
International, Contract
No amendment was to be allowed to a claim introducing an allegation of a foreign criminal offence. The claim in contract failed for insufficient certainty or on some other ground, but a claim nonetheless succeeded as a quantum meruit.
1 Citers
[ Bailii ]
Tradex Hellas SA -v- Republic of Albania ARB/94/2
24 Dec 1996
ICSID
International, Banking
[ ICSID ]
In Re Polly Peck International Plc; ChD 27-Dec-1996 - Times, 27 December 1996
