Shansal v Al-Kishtaini: CA 26 Apr 2001

The restrictions imposed on trading with residents of Iraq continued to apply even if the person involved left Iraq. A simple change of address could not be allowed to be used to circumvent important international provisions. Provisions existed for assessing such residence. Even so, surprising effects might follow. In this case, the former resident would not be allowed to enforce what was an illegal contract. A claimant could not recover where to do so he would have to rely upon his own illegal act. This fell within the exemption allowed under human rights law as being in the public interest and subject to law.


Gazette 26-Apr-2001


Control of Gold, Securities, Payments and Credits (Republic of Iraq) Directions 1990 (1990 No 1616), Human Rights Act 1998


England and Wales

International, Commercial, Human Rights

Updated: 08 May 2022; Ref: scu.89191