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Immunity update

04 March 2016 / Khawar Qureshi KC
Issue: 7689 / Categories: Features , Public
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Khawar Qureshi QC reports on recent immunity decisions of the High Court

The English Courts have recently delivered two very significant rulings in the context of claims to state and diplomatic immunity by high-net worth foreign individuals who have asserted immunity to avoid being subjected to the jurisdiction of the court.

Both cases will be examined below and we will also consider a decision of the English High Court giving leave to enforce a high value Nigerian Court judgment against a Nigerian General (while refusing leave in respect of the President and Attorney General of Nigeria).

Estrada

Estrada v Al-Juffali [2016] EWHC 213 (Fam), concerned a13-year marriage between a high net worth Saudi and a former model that ended acrimoniously. The wife claimed financial relief pursuant to divorce proceedings issued on 13 August 2014. The thrice married husband was appointed Permanent Representative of St. Lucia to the International Maritime Organisation in April 2014 (which is a UN body with headquarters in London). He invoked immunity and applied to strike out the wife’s claims. St. Lucia was

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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