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28 March 2013
Issue: 7554 / Categories: Case law , Law digest
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Constitutional law

Apex Global Management Ltd v Fi Call Ltd and others [2013] EWHC 587 (Ch), [2013] All ER (D) 202 (Mar)

The proper construction of s 20(1)(b) of the State Immunity Act 1978 was a matter of pure law. Its words had to be construed on normal principles of statutory construction. The words “members of his family forming part of his household” had to be given their normal meaning in the context in which they appeared. It was important that they were used in s 20(1)(b) of the Act to refer to members of a sovereign’s or head of state’s household, not the household of a diplomatic agent. The purpose of the head of state’s immunity was functional: likewise, the personal immunity of a sovereign’s family had to be functional in the same sense. It could not extend to everyone who assisted the sovereign or to everyone who carried out royal, constitutional or representational functions. The question was where the line was to be drawn. The key was to be found in the word “household”. While it would be

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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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