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/1977/286
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 13/01/1977

Trendtex Trading Corporation v. Central Bank of Nigeria

Author(ity)

Court of Appeal

Date of the decision, of the judgment

13/01/1977

Points of law

1) The restrictive doctrine of State immunity as recognised in customary international law is part of the common law;

2) The question as to whether a separate legal entity of a foreign State is entitled to immunity depends upon the degree of control exercised by the State over that entity and the functions which the entity performed;

3) (By majority) The Central Bank of Nigeria was not an emanation of the State entitled to claim immunity;

4) Since the Bank was not immune its funds were not immune from seizure or injunction.

Summary of the case

n/a

Sources

[1977] 2 WLR 356, 64 ILR 111

Additional information (explanations, notes, etc.)

n/a