NML Capital Ltd v Republic of Argentina  EWCA Civ 41;  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
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The government is invoking an obscure legal principle to dismiss claims of torture and rape by the British colonial administration in Kenya, campaigners claimed.”
The Guardian, 25th January 2010
NML Capital Ltd v Republic of Argentina
Queen’s Bench Division
“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”
The Times, 11th February 2009
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Published May 16, 2008
damages , news , state immunity , torture
“A new law which would allow victims of torture to sue torturers in UK courts is being considered by Parliament.”
BBC News, 16th May 2008