Hashwah & others v Qatar National Bank (QPSC) & others
[2022] EWHC 2242 (Comm)
04 Nov 2022
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In an interesting judgment on the application of the State Immunity Act 1978, the Commercial Court has found that it does not have jurisdiction to hear a claim against various individuals and corporate entities on grounds of State immunity.
The Court applied the principle in Jones v Saudi Arabia [2007] 1 AC 270 that State immunity extends to servants or agents of foreign States who are sued in respect of matters where they were acting in discharge or purported discharge of their duties as such, finding that the Defendants were entitled to the same protection that the State would be entitled to if the State itself had been sued for the acts in question.
The judgment contains a useful summary of the principles on the scope of sovereign conduct, the interaction between State immunity and other obligations under international law, and the application of the exception to State immunity for commercial transactions.
Ben Jaffey KC acted for the Eleventh Defendant
Tim Otty KC, Andrew Scott KC and Paul Luckhurst acted for the Seventeenth Defendant
