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04 March 2016 / Khawar Qureshi KC
Issue: 7689 / Categories: Features , Public
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Immunity update

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 will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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