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The immunities of States and international organisations

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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/2007/280
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 19/12/2007

KOO Golden East Mongolia v. Bank of Nova Scotia

Author(ity)

Court of Appeal

Date of the decision, of the judgment

19/12/2007

Points of law

A claimant cannot obtain relief against the agent of a foreign state which it could not obtain directly against the foreign state. Therefore, where an agreement is made by a central bank in the exercise of sovereign authority - for example entering into transactions of a financial nature for the refining of gold or placing of refined gold on account in order to increase the state’s currency reserves -, sections 1(2) and 14(4) State Immunity Act prevent a claimant from obtaining a, for example, disclosure order against other banks acting as the central bank's agents.

Summary of the case

n/a

Sources

[2007] EWCA Civ 1443; [2008] Q.B. 717

Additional information (explanations, notes, etc.)

n/a