Kerish International Motors Agency v Opel Automobile GmbH

The appeal had raised issues of whether, given the 'one voice' doctrine, the Court could properly recognise and make findings on Palestinian law at a time when it was not recognised as a state by the UK Government and the proper appellate test to be applied when challenging findings of foreign law. The Court affirmed and applied the principles established in (1) Deutsche Bank v Receivers [2023] AC 156 concerning the importance of obtaining the views of the UK Government when questions of statehood recognition arise; and (2) Perry v Lopag Trust Reg [2023] 1 WLR 3494 concerning the status of findings of foreign law as findings of fact of a special kind and involving a spectrum related to the comparability of the foreign law principles with those of English law and thus the practicability of the Court using its own legal expertise to assist in interpreting them. Questions of Palestinian law, involving Arabic texts which required (in this case disputed) translation, consideration of Jordanian authorities, and a system of law unfamiliar to English Judges were adjudged to be at the far end of this spectrum.

Andrew George KC and Drishti Suri appeared for the Respondent, Opel Automobile GmbH, instructed by Shoosmiths LLP.

The judgment is available here.