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27 November 2010
Issue: 7395 / Categories: Case law , Law digest
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Constitutional law

Empresa Nacional De Telecomunicaciones SA v Deutsche Bank AG [2009] EWHC 2579 (QB), [2009] All ER (D) 182 (Nov)

It was clear from the authorities that the public policy exception exception to the “act of state” doctrine existed within very narrow limits. It is concerned with violations of international law and/or with very grave breaches of fundamental universal human rights.

Where a foreign state had compulsorily acquired property there was scope for a range of views as to which rights of the expropriated party were such that they ought to be recognised in a domestic court and there was no rule of international law, whether in the nature of a human right or otherwise, that in no circumstances could property be compulsorily acquired by a state without compensation at least where there was no element of racial or religious discrimination involved.
 

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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