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16 October 2026
Issue: 8181 / Categories: Legal News , Cybercrime , International , Criminal , Technology , Cyber , Jurisdiction
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NLJ this week: Immunity breached

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Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling

Writing in NLJ this week, Dr Angelika Hellweger of Rahman Ravelli examines Bahrain v Shehabi, brought by two UK-based activists alleging spyware surveillance caused psychiatric injury.

By three votes to two, the court held that remotely deploying malware against computers in England could constitute an act within the jurisdiction under the State Immunity Act 1978.

Physical presence was unnecessary: conduct could occur through electronic or automated means.

Lord Leggatt dissented, arguing that the majority’s interpretation placed Britain ‘in breach of an international obligation’ and that reform should come through legislation or international agreement.

Hellweger says the decision could shape claims involving ransomware, surveillance and attacks on critical infrastructure.

It also exposes a wider constitutional tension: how far courts can adapt legislation drafted decades before the emergence of modern cybercrime.

MOVERS & SHAKERS

Shakespeare Martineau—Molly Rae

Shakespeare Martineau—Molly Rae

Shakespeare Martineau boosts Sheffield corporate team with new appointment

Stone King—Clare Harris

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Stone King appoints new head of trusts and estates to spearhead growth as expansion continues

Browne Jacobson—David Hill

Browne Jacobson—David Hill

Browne Jacobson appoints David Hill as new health and life sciences partner with UK and international experience

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