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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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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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