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
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/2012/282
- Translations
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- No translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 17/08/2012
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 17/08/2012
SerVaas Inc v. Rafidain Bank
Author(ity)
Supreme Court
Date of the decision, of the judgment
17/08/2012
Points of law
1) As a debt and chose in action, monies payable to a state under a scheme of arrangement relating to a state-controlled bank are property within the meaning of section 13(2)(b) State Immunity Act and so immune from execution.2) Property is only subject to execution where it is currently “in use, or intended for use, for commercial purposes”. It is not sufficient for the property to be relevant to or connected to the commercial transaction. The expression “in use for commercial purposes” is to be given its ordinary and natural meaning having regard to its context, and it would not be an ordinary use of language to say that a debt arising from a transaction was “in use” for that transaction. The origin of the property is not relevant to whether it is in use for commercial purposes.
