Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department – WLR Daily

Posted May 31st, 2011 in appeals, immigration, law reports, state immunity by sally

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department [2011] EWCA Civ 616; [2011] WLR (D) 183

“The question of who was a head of state such as to attract state immunity was a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the court. A certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 was conclusive evidence of the status of a territory for the purposes of Part I of the 1978 Act. The certificate was the only proper means by which the court could, for the purposes of the common law where it continued to apply, inform itself of a territory’s status and of the identity of the head of state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

NML Capital Ltd v Republic of Argentina – WLR Daily

Posted February 8th, 2010 in appeals, jurisdiction, law reports, state immunity by sally

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

 Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

UK ‘using obscure legal principle’ to dismiss torture claims in colonial Kenya – The Guardian

Posted January 25th, 2010 in Kenya, news, rape, state immunity, state succession, torture by sally

“The government is invoking an obscure legal principle to dismiss claims of torture and rape by the British colonial administration in Kenya, campaigners claimed.”

Full story

The Guardian, 25th January 2010

Source: www.guardian.co.uk

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted February 11th, 2009 in law reports, service, service out of jurisdiction, state immunity by sally

NML Capital Ltd v Republic of Argentina

Queen’s Bench Division

“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”

The Times, 11th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Torture payout bill moves forward – BBC News

Posted May 16th, 2008 in damages, news, state immunity, torture by sally

“A new law which would allow victims of torture to sue torturers in UK courts is being considered by Parliament.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk