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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/2014/294
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 11/11/2014

Rahmatullah and another v. MOD and another

Author(ity)

High Court

Date of the decision, of the judgment

11/11/2014

Points of law

Followed the Court of Appeal judgment in Belhaj to find that 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.

Summary of the case

n/a

Sources

[2014] EWHC 3846 (QB)

Additional information (explanations, notes, etc.)

The judgment is subject to an appeal. It is unclear at present whether this will be to the Court of appeal or to the Supreme Court.

The judgment also addresses the ‘act of state’ doctrine, both in respect of ‘foreign’ act of state and ‘Crown’ act of state; and this is also on appeal.