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20 March 2015 / Khawar Qureshi KC
Issue: 7645 / Categories: Features , Profession
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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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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