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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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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
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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