Source: All England Reporter
Publisher Citation: [2002] All ER (D) 201 (Nov)
Neutral Citation: [2002] EWCA Civ 1643
Court: Court of Appeal, Civil Division
Judge:

Pill, Waller LJJ and Sir Martin Nourse

Representation Timothy Saloman QC and Simon Picken (instructed by DLA) for the claimant.
  Timothy Young QC (instructed by Amhurst Brown Colombotti) for the defendant.
Judgment Dates: 14 November 2002

Catchwords

Foreign relations law - Privileges and immunities - State immunity - State guaranteeing payments to claimant - Construction of guarantee.

The Case

Where a case concerned an ordinary commercial transaction, there was no good reason why a clause in question should not be construed in accordance with the ordinary principles of construction for commercial contracts notwithstanding that one of the parties was a state. On the true construction of the guarantee in the instant case, the judge had been correct to conclude that the state as party to the guarantee had waived sovereign immunity.

Practice Areas

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