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/2014/293
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 30/10/2014

Belhaj and others v. Straw and others

Author(ity)

Court of Appeal

Date of the decision, of the judgment

30/10/2014

Points of law

1) State immunity does not extend to bar claims in which a foreign state (or emanation of) would have the legality of its conduct examined, albeit that they were not a party to the proceeding;

2) Article 6(2)(b) of the UN Convention on Jurisdictional Immunities of States and their Property, which appears to support a wider context of indirect impleader, does not represent either the law in the UK, nor accepted customary international law.

Summary of the case

n/a

Sources

[2014] EWCA Civ 1394

Additional information (explanations, notes, etc.)

The judgment is subject to an appeal to the Supreme Court.
The judgment also addresses the ‘act of state’ doctrine, and this is also on appeal to the Supreme Court.