Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Search

Information on the contribution

Member State
United Kingdom
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/United Kingdom/1988/268
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 27/04/1988

Maclaine Watson and Co Ltd v. Department of Trade and Industry

Author(ity)

Court of Appeal

Date of the decision, of the judgment

27/04/1988

Points of law

1) The issue of immunity must be determined as a preliminary issue, before the substantive action can proceed;

2) The contracts of the International Tin Council in question were commercial transactions; if the plaintiffs had been able to establish either a primary or a secondary liability for the obligations of the ITC on the part of the member States they would not enjoy immunity;

3) The EEC was not entitled to State immunity.

Summary of the case

n/a

Sources

n/a

Additional information (explanations, notes, etc.)

The decision of the Court of Appeal was appealed to the House of Lords which gave its judgment on 26 October 1989 ([1989] 3 All ER 523). However the judgment of the House of Lords does not deal explicitly with the question of State immunity, but rather the questions of status of the ITC and the liability of its member States for its debts.