||All England Reporter
|| All ER (D) 201 (Nov)
|| EWCA Civ 1643
||Court of Appeal, Civil Division
Pill, Waller LJJ and Sir Martin Nourse
||Timothy Saloman QC and Simon Picken (instructed by DLA) for the claimant.
||Timothy Young QC (instructed by Amhurst Brown Colombotti) for the defendant.
||14 November 2002
Foreign relations law - Privileges and immunities - State immunity - State guaranteeing payments to claimant - Construction of guarantee.
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.
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