Harty v Sabre International Security Ltd & Anor

Harty v Sabre International Security Ltd & Anor

The court found that the First Defendant was the contracting party with IRD, was responsible for the convoy, and enjoyed immunity from suit in Iraq under CPA Order 17. As a result, Iraq was not an available forum, and justice required the English court to accept jurisdiction. The application to set aside service and for a stay was refused.

Parties
Claimant: Anthony Harty; First Defendant: Sabre International Security Limited (formerly SIS Iraq Ltd); Second Defendant: Sabre International Security Limited
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Application to Set Aside Service Out of Jurisdiction and Challenge to Jurisdiction / Judgment on Application
Outcome
Defendants' application refused
Legal Topics
Jurisdiction, Immunity From Suit, Forum Non Conveniens, Negligence, Waiver of Immunity
Private International Law Tort Law Contract Law Jurisdiction Immunity From Suit Forum Non Conveniens Negligence Waiver of Immunity

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Harty

Claimant

Sabre International Security Limited (formerly SIS Iraq Ltd)

First Defendant

Sabre International Security Limited

Second Defendant

Procedural Posture

Application to Set Aside Service Out of Jurisdiction and Challenge to Jurisdiction / Judgment on Application

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim
  2. 2 Whether the First Defendant enjoys immunity from suit in Iraq under CPA Order 17
  3. 3 Whether the claim has reasonable prospects of success

Ratio Decidendi

The court found that the First Defendant was the contracting party with IRD, was responsible for the convoy, and enjoyed immunity from suit in Iraq under CPA Order 17. As a result, Iraq was not an available forum, and justice required the English court to accept jurisdiction. The application to set aside service and for a stay was refused.

Court Disposition

Defendants' application refused

Orders

  • Application to set aside service out of the jurisdiction refused
  • Application for a stay refused