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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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