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/1993/290
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 12/11/1993

Littrell v. USA (No.2)

Author(ity)

Court of Appeal

Date of the decision, of the judgment

12/11/1993

Points of law

1) The State Immunity Act does not apply to acts of the armed forces of a foreign State whilst present in the UK. The issue of whether a foreign State enjoyed immunity in respect of a claim arising out of the standard of medical treatment of one of its servicemen stationed at one of its bases within the UK was determined under the common law of sovereign immunity, which incorporates customary international law in this respect;

2) In applying the distinction between acts iure imperii and iure gestionis, the court should consider the nature of the act, rather than its purpose, but the nature of the act must be appreciated in its context;

3) The context included the location of the act, the identity of the persons involved and the kind of act it was;

4) The terms of the relationship between a foreign State and its own servicemen, and in particular the standard of medical care which that foreign State affords its servicemen, is a matter within its own sovereign authority.

Summary of the case

n/a

Sources

[1994] 4 All ER 203, 100 ILR 438

Additional information (explanations, notes, etc.)

n/a