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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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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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