header-logo header-logo

Conflict of laws

25 March 2016
Issue: 7692 / Categories: Case law , Law digest , In Court
printer mail-detail

Bouhadi v Breish [2016] EWHC 602 (Comm), 2016] All ER (D) 167 (Mar)

The Commercial Court adjourned a case concerning a dispute over which of two regimes was recognised as the government of Libya following the fall of Colonel Gaddafi in 2011. The dispute arose in respect of Libya’s Sovereign Wealth Fund (LIA), which had assets of approximately US$67bn and in circumstances where, shortly before the trial was due to start, the Foreign and Commonwealth Office had written to the court and the parties stating Her Majesty’s Government’s (HMG) position on the question of recognition. The court held, on a point of principle, that where the court had received a formal communication from the British government, it was that communication which was the voice of HMG for legal purposes and it was not open to the court to set aside the letter and look at other material in an attempt to identify what the position of HMG actually was. In the circumstances, it would be both contrary to principle and premature at the present time to rule on

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
back-to-top-scroll