State immunity—states & litigants beware, says Khawar Qureshi QC
In previous articles I have examined the increasing role of public international law (PIL) before the English courts. From my own experience as a practitioner, this has taken place largely in the past 20 years, in the realm of the State Immunity Act 1978 (SIA 1978) /diplomatic immunity vis adjudicative/enforcement jurisdiction, the scope of UN/EU sanctions and questions relating to non-justiciability (see “Public: international rescue” Pt 1 & Pt 2, 159 NLJ 7356 p 223 & 159 NLJ 7357 p 255 & “Public international law: a global view”, 162 NLJ 7504, p 351).
Recent cases
Three decisions from the English courts in the first few weeks of 2015 illustrate the importance of understanding how PIL/SIA 1978 issues may impact upon an English law matters (and the perils of failing to appreciate the same).
- High Commissioner for Pakistan v Nat West Bank and others [2015] EWHC 55 (Ch) (16 January 2015), Mr Justice Henderson (HCP), [2015] All ER (D) 107 (Jan).
- PCL
