NML Capital Ltd v Republic of Argentina – WLR Daily

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

 Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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