Source: All England Reporter
Publisher Citation: [2012] All ER (D) 117 (Aug)
Neutral Citation: [2012] UKSC 40
Court: Supreme Court

Lord Phillips P, Lady Hale, Lord Clarke, Lord Sumption and Lord Reed SCJJ

Representation Martin Pascoe QC, Richard Fisher and Charlotte Cooke (instructed by Addleshaw Goddard LLP) for the applicant.
  Mark Howard QC, Oliver Jones and Robert McCorquodale (instructed by Cleary Gottlieb Steen & Hamilton LLP, London) for the interested party.
Judgment Dates: 17 August 2012


Constitutional law - Foreign sovereign state - Immunity from suit - Applicant company obtaining foreign judgment against one of Iraq's government ministries - Applicant seeking to enforce foreign judgment against Iraq - First respondent bank being state-controlled Iraqi bank with branch in England - First respondent admitting Iraq's claims in liquidation scheme - Applicant seeking third party debt order against first respondent - Iraq asserting state immunity - Court of Appeal finding debts being used in exercise of sovereign authority - Whether assets in question falling within exception to state immunity - .

The Case

Constitutional law Foreign sovereign state. The Supreme Court upheld a judgment that the Republic of Iraq's admitted claims in the first respondent's liquidation were entitled to immunity from execution by virtue of s13(2)(b) of the on the basis that the debts were not for a commercial purpose and were being used for, and only for, the exercise of sovereign authority.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.