Shehabi and Another v Kingdom of Bahrain

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By a majority 3:2 decision handed down on 27 July 2026 the Supreme Court has held that a foreign State is not entitled to immunity from civil proceedings if its agents install spyware on computers in the United Kingdom and this causes psychiatric harm, as in such circumstances the personal injury exception in section 5 of the State Immunity Act 1978 applies.

The Supreme Court accordingly dismissed an appeal brought by the Kingdom of Bahrain against the Court of Appeal’s decision to the same effect [2024] EWCA Civ 1158.

Tim Otty KC appeared for the successful Claimants leading Philippa Webb KC and Ben Silverstone and instructed by Leigh Day LLP.

Tom Hickman KC appeared for the Kingdom of Bahrain leading Robert Volterra and Stephen Donnelly and instructed by Volterra Fietta LLP.

The Judgement, the Court's press summary and recordings of the hearing can be found here