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14 July 2011
Issue: 7474 / Categories: Case law , Law digest , In Court
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Conflict of laws

NML Capital Ltd v Republic of Argentina [2011] UKSC 31, [2011] All ER (D) 44 (Jul)

Section 31 of the Civil Jurisdictions and Judgments Act 1982 was the means by which the UK’s legislator achieved, for the first time, a comprehensive and coherent treatment of the issue of state immunity in respect of foreign judgments. Adopting a narrow interpretation, the drafters of the State Immunity Act 1978 or Parliament had not contemplated that s 3(1)(a) of that Act had in mind that it would or should apply to a foreign judgment against a foreign state.

Section 31 of the 1982 Act provided comprehensively for the recognition and enforcement of the foreign judgments to which it applied. A foreign judgment against a state would be capable of enforcement in England if both of the following conditions were fulfilled: first, that the foreign court would have had jurisdiction if it had applied the UK rules on sovereign immunity set out in ss 2 to 11 of the 1978 Act, the effect of which was that a state was

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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