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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

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

NEWS
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Making refugee status temporary and subject to review every 30 months will put pressure on an ‘already overstretched’ justice system, the Law Society has warned
Statutory limitation periods do not apply to unfair prejudice petitions brought under the Companies Act, the Supreme Court has held in a 4–1 majority decision, Lord Burrows dissenting
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
Draft Legal Services Board (LSB) proposals on equality, diversity and inclusion (EDI) could make life tougher for many Black, Asian or minority ethnic solicitors, the Law Society has warned
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